RFQ_EQ10PME-17-0039_Group_C_Tridium_BAS_.docx

GSA Public Buildings Service Region 10 Construction Acquisition Division 10PQC 400 15TH St SW Auburn, WA 98001

Request for Quotation (RFQ)

EQ10PME-17-0039

BMC – GSA Network Integration BAS

DATE: August 9, 2017

1010 5TH AVE, SEATTLE, WA 98104

PEACE ARCH BORDER STATION (WA0132PA)

100 PEACE PORTAL DR, BLAINE, WA 98230

This is a Full and Open Solicitation with a brand name justification for brand name product (Tridium Niagara 4.3 or greater) to vendors that are technically qualified and licensed to install Tridium Server Products.

Your firm is requested to submit a firm-fixed-price quote for the services and items discussed in the Statement of Work and associated documents. The work includes system upgrades and migration of Tridium Niagara Server, to the remote 10 virtual server, as well as other work.

The North American Industry Classification System (NAICS) code for this solicitation is 334512 - "Automatic Environmental Control Manufacturing for Residential, Commercial, and Appliance Use”.

GSA requests that your firm provide technical information and a complete quote for this project for a period of performance to be completed within 530 days from task order award. The Request for Quote (RFQ) form and instructions are enclosed for your use. Quotes are due on Wednesday, August 31, 2017 at 4:00 pm (Pacific Time Zone). Discounts are requested. Please email your quotation and direct all inquiries to the below contracting officials (Faxes will not be accepted). Questions need to be submitted in order to provide a response via e-mail by Wednesday, August 24, 2017 at 4:00 pm (Pacific Time Zone).

Offerors are advised that the following quotation preparation instructions are applicable to this Solicitation.

This is an all-electronic solicitation release including amendments. All documents will be posted on the electronic Federal Business Opportunities (FBO) website at: www.fbo.gov. Offerors interested in submitting a proposal in response to this Solicitation will be responsible for monitoring this website and the Solicitation link to ensure timely receipt of any amendments or other Solicitation-related information posted therein. Offerors are responsible for downloading all required documents from the FBO websites. Hard copies will not be made available.

This solicitation does not commit the Government to pay any costs incurred in the preparation and submission of the initial and any subsequent proposals or for any costs incurred prior to execution of a formal contract. Stipends for proposal costs incurred during this Solicitation shall not be paid by the Government.

Contracting Specialist: Kimberly Johnson General Services Administration Public Buildings Service Construction Acquisition Branch 400 – 15th Street SW Auburn, WA 98001-6599 Direct Phone: 253-931-7337 E-mail: kimberlym.johnson@gsa.gov

Contracting Officer: Keith Goodsell General Services Administration Public Buildings Service Construction Acquisition Branch 400 – 15th Street SW Auburn, WA 98001-6599 Direct Phone: 253-931-7775 E-mail: keith.goodsell@gsa.gov

A Site Walk has been scheduled for each location listed in 1.6 Places of Performance of the Statement of Work.

8:00

9:00

11:00

12:00

13:00

14:00

Pre-registration is required for all attendees to the pre-proposal Site Visit. The Site Visit shall be limited to not more than four (4) representatives from each Offeror. Offerors shall submit a Visit Authorization Request (VAR) identifying all attendees from their respective team. Participants must have a valid, Government issued picture identification, driver’s license preferred, to gain access for the pre-proposal Site Visit. Notification of the location of entry, where attendees are required to meet, and all other requirements for the Site Visit will be issued to the Offerors. Submit the VAR to the point of contact listed below. Vendor shall confirm attendance no later than August 10, 2017.

Interested parties must notify the Contracting Officer for further information about attendance and to confirm location, time, and date. Only those parties who have notified the Contracting Officer and provided necessary information in advance of the meeting

Checklist of items to submit:

· Technical Approach and Schedule

· Project Relevant Experience

· Technical Competence of Key Personnel Resumes

· Past Performance Survey

· Standard Form 1449, Solicitation/Contract/Order for Commercial Items

· Pricing Breakdown (Exhibit 1)

· Completed/Signed SBU Document (Exhibit 0)

TABLE OF CONTENTS

SECTION CONTENT

1.0 INSTRUCTIONS

2.0 TECHNICAL INFORMATION REQUIREMENTS

3.0 PRICE INFORMATION REQUIREMENTS

4.0 BEST VALUE DETERMINATION

5.0 COMMUNICATION AND REVISIONS

6.0 SECURITY REQUIREMENTS

7.0 TERMS AND CONDITIONS

8.0 RESPONSIBILITY DETERMINATION

Exhibit 0 - Read Me First _ Sensitive but Unclassified Document Exhibit 1 - Price Schedule Worksheet Exhibit 2 - Project Relevant Experience Exhibit 3 - Past Performance Survey

Attachment 1 – Standard Form 1449, Solicitation/Contract/Order for Commercial Items Attachment 1a – SF 1449 CLIN Continuation Sheet Attachment 2 – SOW Region 10 Group C Sites Integration Attachment 3 – GSA Order PBS P 3490.2 - Document Security for SBU Building Information Attachment 4 – Vendor Fitness Determination Manual Attachment 5 – GACA (GSA Affiliated Customer Accounts May 2014) Attachment 6 – Telecommunications Distribution Design Guide Attachment 7 - Building Technologies Technical Reference Guide v.1.2 092916

Service Contract Act (SCA) – Wage Determination 15-5535 Revision 1 Dated: 01/17/2017

1.0 INSTRUCTIONS

1.1. GSA is requesting technical information and a quote to perform a systems control upgrade as necessary to migrate each of the existing system networks onto the existing GSA Region 10 virtual server as described in the Statements(s) of Work for the following locations:

1.2. The period for government acceptance of the quote is 60 business days following the RFQ due date identified in this Solicitation. Please ensure that your quote is valid for at least 60 business days. Note: the RFQ due date may change if an amendment is issued.

These services and materials are being procured as a Full and Open competitive procurement with a Brand Name product pursuant to Federal Acquisition Regulation (FAR) Subsection 13.106-1(b)(2) and the General Service Administration Acquisition Manual (GSAM) located at: https://www.acquisition.gov/far and https://www.acquisition.gov/gsam. This solicitation will result in the award of a best value, fixed price award (See Section 4.0 below). An approved Justification and Approval is attached.

1.3. The Government intends to award to the offeror(s) providing the best overall value. This request for quote does not commit the Government to award a contract or to pay any costs incurred in technical information and quote preparation.

1.4. GSA's objective is to select the quote that offers the Best Value. “Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement. It is advised that firms submit an offer that represents the firm’s best terms from a price and technical standpoint since the Government intends to award this contract to the offeror possessing the overall “best value” to the Government. The evaluation factors are technical approach and schedule, relevant experience, technical competence in key personnel, past performance and price.

1.5. Technical Information may be evaluated separately from the price quotes and should be clearly labeled as the “Technical Information”.

1.6. Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition. The data submitted with each proposal should be complete and concise but not overly elaborate.

1.7. Utilizing the format prescribed below, Offerors are to provide the requested information making every effort to present information clearly and concisely. Lengthy narratives containing extraneous information are discouraged. All information shall be submitted in English. Proposals that do not follow these Instructions, or otherwise include documentation that is difficult to read/decipher, may result in disqualification or a lower evaluation rating. Price proposals and technical proposals shall be submitted in separate Electronic Volumes in the following format:

Cover Letter

Volume 1 - Technical Quote with supporting documentation A. Factor 1: Technical Approach Narrative – Schedule

· Management Approach Narrative

· Preliminary Project Schedule

B. Factor 2: Project Relevant Experience

· Relevant Experience of Similar Projects

C. Factor 3: Technical Competence of Key Personnel

· Key Personnel Resume (Exhibit 5)

· Organizational Chart

D. Factor 4: Past Performance

· Past Performance Questionnaire (Exhibit 4)

· Project Owner Contact Information

Volume 2 - Price Quote A. Standard Form 1449, Solicitation/Contract/Order for Commercial Items B. Completed Price and Service Schedule and Applicable Worksheets

2.0 TECHNICAL INFORMATION REQUIREMENTS

2.1. Technical information from offerors will be evaluated to determine if they meet the stated requirements in accordance with the SOW. Offers which do not present sufficient information to permit a complete technical evaluation by the Government may be determined to be technically unacceptable and may be removed from further consideration.

2.2. Technical Approach and Schedule

Submittal Requirement: The Offeror shall submit a succinct narrative (between one (1) and four (4) pages) which describes the Offerors’ plan/approach and schedule narrative in accomplishing the work in a timely and orderly fashion, as described in the SOW. The discussion shall include sequence of work to be performed by location, and simple organizational structure for the project, with the names of the Offeror’s team members identified. A preliminary project schedule shall also be provided (no page limit), with a list of required to complete the work. The schedule shall be provided in a format that must be able to be viewed in Microsoft Project version 10, with a minimum of 20 activities in the Gantt chart or Critical Path Method network. The proposed schedule will run from the contract award date, insurance/security clearances, initial NTP, the different project phases/stages, submittals, material ordering/lead time, installation, quality assurance reviews, key project meetings, acceptance testing, substantial completion, punch list item completion, closeout, etc.

Standard of Evaluation: In order to receive a rating of “Go” for this factor, the Offeror’s quote must leave no doubt in the Government evaluator’s minds that the Offeror clearly understand the work and has presented a realistic and practical approach and schedule that has a high probability for successful completion for this project on time.

2.3 Relevant Experience

Submittal Requirement: The Offeror shall provide the names and qualifications of personnel with “relevant” experience proposed to perform work on the project. “Relevant” experience is defined as experience with the installation, configuration, maintenance, and programming of the proprietary Alerton® product line for this project as discussed in the Statement of Work, as well as current proof that the individuals who will be performing the work are current Tridium® trained and authorized building controls specialists for the system being upgraded.

Standard of Evaluation: In order to receive a rating of “Go” for this factor, the Offeror’s quote must leave no doubt in the Government evaluator’s mind that the Offeror has qualified personnel with “relevant” experience to successfully perform the work. Technical packages which do not include the names and qualifications of current Tridium® trained and authorized building controls specialist(s) to be used on the project may be rejected.

2.4 Technical Competence of Key Personnel

Key personnel proposed as the Project Team shall demonstrate requisite experience necessary to perform the requisite services of the project in this Solicitation on relevant projects of similar size (square feet and dollar value), scope and complexity to the project in this solicitation. See description of “relevant” under Factor 1.

Description: This Factor considers the Key Personnel proposed by the Offeror; consideration shall be given to the demonstrated experience and qualifications of the proposed staff and how the Offeror proposes to organize the Project Team. Proposed team members shall be evaluated as to qualifications and experience in all areas necessary to effectively perform the required work. It is expected that the proposed key team members will be the individuals who perform work under this contract. Any changes to the proposed key team members after award MUST be approved in writing by the Contracting Officer and shall only be approved upon demonstration of “equal or better” qualifications when the new individual is compared to the minimum qualifications and experience of this Solicitation as well as the level of qualifications and experience of the original proposed individual.

Standard for Evaluation: The Government shall evaluate the relative merits of each proposed key team member’s qualifications and experience as outlined on submitted resumes. Organizational charts shall be evaluated to ensure clear lines of authority and appropriate assignment of responsibilities within the proposed Project Team. Relevant experience demonstrated through similar projects as defined under Factor 1 shall be given more consideration and may be afforded a higher rating. Key Personnel, and the requisite minimum qualifications and experience, for this project shall include the following:

Tridium Niagara 4 Certified Technician with one of the following ratings:

Submittal Requirements. Provide the names and qualifications of the Key Personnel proposed for this project in the form of resumes (see Exhibit 3 for sample Key Personnel Resume).

2.5 Past Performance:

Submittal Requirement: The Offeror shall provide one (1) successful and relevant building automation system project that was completed within the last six (6) years, where similar work as described in the SOW was performed. Similar is defined as Tridium® building automation system troubleshooting, programming, and reconfiguration and other work. The Government may consider other work that is similar in nature.

For project provided, the Offeror shall provide a completed Past performance Questionnaire (Exhibit 3) that was completed by Government Contracting Officials for government projects, and Owner’s and Lessee representatives for commercial projects (not to exceed one page). GSA will contact the references provided for the projects submitted as similar past experience. The Offeror may substitute Contractor Performance Appraisal Reporting System (CPARS) and Past Performance Information Retrieval System (PPIRS) reports for relevant projects in lieu of Exhibit 3. (Final ratings will be verified in PPIRS). Questionnaires should not be submitted for projects for which there is a CPARS or PPIRS report card. In the case where a completed questionnaire is submitted and there is a CPARS or PPIRS report card, the ratings of the CPARS or PPIRS report card take precedence.

If no relevant past performance history is available for your DUNs number, you may choose to submit other past performance information for work that is relevant (similar in nature and dollar value as identified elsewhere in this section) within the last 6 years. Ensure that sufficient details are provided so that the Government can determine if the work meets the submittal requirements and can be verified with the Owners representative via e-mail and telephone call. Government databases will be checked and previous customers and/or evaluators may be contacted as references or verification of performance. A lack of past performance information will result in a neutral rating during evaluations. Any negative information received or found will be discussed with the individual Offeror.

Standard of Evaluation: The standard of evaluation for this subfactor is met when the Government has determined that the projected performance and other risks are within an acceptable range of risk based upon past performance of the Offeror for the last eight (8) years as of the date proposals are due for this Solicitation. Past performance is one predictor of the Offeror’s compliance with contract requirements and overall quality of performance. This factor will be evaluated based upon the written responses to the RFQ by the Offeror and by the evaluation of responses of references recommended by the Offeror. The Government also reserves the right to use other government data available in its assessment of the Offeror. The quality of the Offeror’s past performance in carrying out the work of a comparable nature with reference to such aspects as quality of services rendered, control of exigencies (changes and claims), budget control, timeliness, business integrity and technical success are part of the consideration. The effectiveness of the Offeror’s management of the administrative aspects of performance, their willingness to cooperate with or assist with routine matters and unexpected difficulties will also be evaluated. In accordance with FAR 15.306, the Offeror will be given the opportunity to respond to adverse past performance information.

If an Offeror does not provide any projects for Factor 1, or other projects, and does not have any Past Performance information that can be obtained by the Government (e.g. PPIRS or other source), that Offeror’s past performance will be rated as “Neutral”.

3.0 PRICE INFORMATION REQUIREMENTS

3.1 Offer shall submit a cover letter as part of the pricing information package. The cover letter shall include:

a) The solicitation number;

b) The name, address, telephone and facsimile numbers, and e-mail addresses of the offeror.

c) A statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation and agreement to furnish all items upon which prices are offered at the price set opposite each item;

d) Names, titles, phone numbers, facsimile numbers, and e-mail addresses of persons authorized to negotiate on the offeror’s behalf with the Government in connection with this solicitation, and;

e) Name, title, and signature of person authorized to sign the quote

f) Date of submission

3.2 The Offeror shall submit pricing on the attached SF Form 1449, Solicitation / Contract / Order for Commercial Items and provide a price breakdown to include labor mix (rate and category), associated meetings, reports, materials, other direct costs (including travel). Additionally the Offeror shall identify materials and other direct costs on a separate worksheet.

Travel costs shall not exceed the Federal Travel Regulations (FTR) rates for the applicable geographical location. Travel proposed shall be reimbursed as determined allowable and allocable by the Contracting Officer. Appropriate receipts will be required in order to receive reimbursement.

3.3 The Government will evaluate pricing to determine price reasonableness including level of effort and labor mix, travel, and other direct costs proposed, as well as verification of rates proposed by the offeror to ensure they are compliant with the prevailing labor rates, inclusive of any additional discounts offered. The Government may use various price analysis techniques and procedures to ensure a fair and reasonable price. Examples of such techniques include, but are not limited to, the following:

(i) Comparison of proposed prices received in response to the solicitation. Normally, adequate price competition establishes price reasonableness

(ii) Comparison of previously proposed prices and previous Government and commercial contract prices with current proposed prices for the same or similar items, if both the validity of the comparison and the reasonableness of the previous price(s) can be established.

(iii) Use of parametric estimating methods/application of rough yardsticks (such as dollars per pound or per horsepower, or other units) to highlight significant inconsistencies that warrant additional pricing inquiry.

(iv) Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discount or rebate arrangements.

(v) Comparison of proposed prices with independent Government cost estimates.

(vi) Comparison of proposed prices with prices obtained through market research for the same or similar items.

(vii) Analysis of pricing information provided by the offeror.

4.0 BEST VALUE DETERMINATION

4.1 GSA's objective is to obtain a quote that offers the Best Value to the Government. “Best value” means the expected outcome of an acquisition that, in the Government’s estimation, provides the greatest overall benefit in response to the requirement. It is advised that firms submit an offer that represents the firm’s best terms from a price and technical standpoint since the Government intends to award this contract to the offeror possessing the overall “best value” to the Government.

4.2 A Contract will be awarded to the Offer representing the best value to the Government based on the result of the evaluation of Technical Approach and Schedule; Relevant Experience; Past Performance, and Price.

Non-Price factors will be evaluated on a “Go/No-Go” basis, which include Technical Approach and Schedule; Relevant Experience, and Past Performance. The Offeror’s quote must receive a rating of “Go” to be considered for award. As the procurement is a sole-source procurement, it is expected that the Offeror’s quote will be able to meet the standard for evaluation for each factor. In the case where the Offeror’s quote does not meet the standard of evaluation, is unrealistic in terms of program commitments, contract terms and conditions, or an offer that reflects an inherent lack of competence or fails to comprehend the complexity and risks of the project, the pricing is unrealistically high or low when compared to Government estimates or other price analysis methodology, discussions/negotiations will be held.. Note: in the rare case where agreement cannot be reached by the parties, it may necessary to cancel the procurement.

5.0 COMMUNICATIONS AND REVISIONS

5.1 Contractors are cautioned to submit sufficient information and in the format specified in the instructions. Contractors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the contractor has not previously had an opportunity to respond. Communications may be conducted to resolve minor or clerical errors and the Government reserves the right to award a contract without the opportunity for quote revision.

5.2 The Government intends to award based on initial offers, however, reserves the right to conduct fact finding or communication sessions if the Contracting Officer later determines them to be necessary. If communication sessions are conducted, the means and methods (e.g., in person, telephonic, written) will be determined by the Contracting Officer. This may result in a request for revised price. If final price revisions will be required for an award determination, the Contracting Officer may require the Offeror to submit their Final Price Revision (FPR) quote for evaluation. Final selection and award will be made by the Contracting Officer if that quote provides the best value to the Government.

6.0 SECURITY REQUIREMENTS: Please refer to the SOW and the Vendor Fitness Determination Manual.

7.0 TERMS AND CONDITIONS

52.204-16 --Commercial and Government Entity Code Reporting (Jul 2016)

(a) Definition. As used in this provision— “Commercial and Government Entity (CAGE) code” means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

(b) The Offeror shall enter its CAGE code in its offer with its name and address or otherwise include it prominently in its proposal. The CAGE code entered must be for that name and address. Enter “CAGE” before the number. The CAGE code is required prior to award.

(c) CAGE codes may be obtained via –

(1) Registration in the system for Award management (SAM) at www.sam.gov. If the Offeror is located in the United States or its outlying areas and does not already have a CAGE code assigned, the DLA Contractor and Government Entity (CAGE) Branch will assign a CAGE code as a part of the SAM registration process. SAM registrants located outside the United States and its outlying areas shall obtain a NCAGE code prior to registration in SAM (see paragraph (c)(3) of this provision).

(2) The DLA Contractor and Government Entity (CAGE) Branch. If registration in SAM is not required for the subject procurement, and the offeror does not otherwise register in SAM, an offeror located in the United States or its outlying areas may request that a CAGE code be assigned by submitting a request at http://www.dlis.dla.mil/cage_welcome.asp.

(3) The appropriate country codification bureau. Entities located outside the United States and its outlying areas may obtain an NCAGE code by contacting the Codification Bureau in the foreign entity’s country if that country is a member of NATO or a sponsored nation. NCAGE codes may be obtained from the NSPA if the foreign entity’s country is not a member of NATO or a sponsored nation. Points of contact for codification bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

(d) Additional guidance for establishing and maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(e) When a CAGE Code is required for the immediate owner and/or the highest-level owner by 52.204-17 or 52.212-3(p), the Offeror shall obtain the respective CAGE Code from that entity to supply the CAGE Code to the Government.

(f) Do not delay submission of the offer pending receipt of a CAGE code.

(End of provision) 52.204-18 Commercial and Government Entity Code Maintenance (Jul 2015)

(a) Definition. As used in this clause— “Commercial and government Entity (CAGE)” means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or Government entity, or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as the NCAGE code.

(b) Contractors shall ensure that the CAGE code is maintained throughout the life of the contract. For contractors registered in the System for Award Management (SAM), the DLA Contractor and Government Entity (CAGE) Branch shall only modify data received from SAM in the CAGE master file if the contractor initiates those changes via update of its SAM registration. Contractors undergoing a novation or change-of-name agreement shall notify the contracting officer in accordance with subpart 42.12. The contractor shall communicate any change to the CAGE code to the contracting officer within 30 days after the change, so that a modification can be issued to update the CAGE code on the contract.

(c) Contractors located in the United States or its outlying areas that are not registered in SAM shall submit written change requests to the DLA Contractor and Government Entity (CAGE) Branch. Requests for changes shall be provided on a DD Form 2051, Request for Assignment of a Commercial and Government Entity (CAGE) Code, to the address shown on the back of the DD Form 2051. Change requests to the CAGE master file are accepted from the entity identified by the code.

(d) Contractors located outside the United States and its outlying areas that are not registered in SAM shall contact the appropriate National Codification Bureau or NSPA to request CAGE changes. Points of contact for National Codification Bureaus and NSPA, as well as additional information on obtaining NCAGE codes, are available at http://www.dlis.dla.mil/nato/ObtainCAGE.asp.

(e) Additional guidance for maintaining CAGE codes is available at http://www.dlis.dla.mil/cage_welcome.asp.

(End of Clause) 52.209-5 -- Certification Regarding Responsibility Matters (Oct 2015) (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 [_] are not [_] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [_] have not [_], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a 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); and

(C) Are [_] are not [_] 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; and

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

(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 [[_] has not [_], 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.

(End of Provision) 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (Nov 2015) The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision-- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

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

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

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

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

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—

(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--

(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee…