SECTION_J.11,_ATT._(11)_SECTION_K_REPS_AND_CERTS_-_OASIS_SB_8(a)_SubPool.docx
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- Attached to
- OASIS SB 8(a) SubPool On-Ramping
- Solicitation number
- GSOOQ-13-DR-0002-8(a)
About this file
This document outlines a solicitation for the One Acquisition Solution for Integrated Services Small Business (OASIS SB) 8(a) SubPools on-ramping request for proposal. The solicitation seeks to add new contractors to existing OASIS SB contract vehicles in six subpools: SubPool 1 for professional services, SubPool 2 for accounting services, SubPool 3 for engineering services, SubPool 4 for research and development services, SubPool 5B for guided missiles and space vehicles services, and SubPool 6 for aircraft services. The agency anticipates making multiple awards in each subpool and lists the number of anticipated awards by subpool. The scope of work involves providing integrated professional services to support federal agencies. The period of performance is from the award date through December 2024, with task orders extending up to 5 years post-OASIS SB term. The solicitation will be available on February 8, 2019 on FBO, with proposal due dates stated in the solicitation.
SECTION J.11, ATT. (11) SECTION K REPS AND CERTS - OASIS SB 8(a) SubPool
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OASIS SMALL BUSINESS SOLICITATION
8(a) SubPool On-Ramping RFP SOLICITATION NO. GS00Q-13-DR-0002-8(a)
SECTION J.11, ATTACHMENT (11)
PART IV – REPRESENTATIONS AND INSTRUCTIONS
SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
The Offeror shall check all the boxes and fill out Section K in its entirety.
K.1. OFFICIAL LEGAL ENTITY – MASTER OASIS SB CONTRACT/TASK ORDERS
(a) Definitions:
(1) “Data Universal Numbering System (DUNS) number”, as used in this provision, means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities, which is used as the identification number for Federal Contractors.
(2) “Commercial and Government Entity (CAGE) code” means 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 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 is submitting a proposal in the Offeror’s name as submitted in Block 15A on the Standard Form (SF) 33, Solicitation, Offer and Award, with a corresponding CAGE Code and (DUNS) Number in SAM.GOV that matches the Offeror name on the SF 33, Block 15A.
(c) Unless a Novation Agreement or Change-of-Name Agreement (FAR 42.12) is executed for a contract awarded under this solicitation, the Offeror acknowledges that all Task Order Awards that result from a contract awarded under this solicitation shall also be in the Offeror’s name as submitted in Block 15A on the SF 33, Solicitation, Offer and Award, with a corresponding CAGE Code and DUNS Number in SAM.GOV that matches the Offeror name on the SF 33, Block 15A.
(d) The Offeror is instructed to provide the official Legal Entity from the SF 33 and corresponding DUNS Number and Cage Code below.
| Official Legal Entity (Company) Name: |
| Click here to enter text. |
| Official Company Address: |
| Click here to enter text. |
| Official Company DUNS Number: |
| Click here to enter text. |
| Official Company Cage Code: |
| Click here to enter text. |
(e) Unless a Novation Agreement or Change of Name Agreement (FAR 42.12) is executed for a contract awarded under this solicitation, the Offeror acknowledges that all Task Order Awards that result from a contract awarded under this solicitation shall also be in the Offeror’s name as submitted above and in Block 15A on the SF 33, Solicitation, Offer and Award, with a corresponding CAGE Code and DUNS Number in SAM.gov that matches the Offeror name on the SF 33, Block 15A
K.2. OASIS SB CORPORATE OASIS SB PROGRAM MANAGER (COPM) AND COPORATE OASIS SB CONTRACT MANAGER (COCM)
The Offeror is instructed to provide the Name, Title, Telephone Number, and E-Mail Address of the person responsible for the COPM duties set forth in Section G.2.6.1.
| COPM Name: |
| Click here to enter text. |
| Title: |
| Click here to enter text. |
| Office Phone: |
| Click here to enter text. |
| Mobile Phone: |
| Click here to enter text. |
| E-Mail: |
| Click here to enter text. |
The Offeror is instructed to provide the Name, Title, Telephone Number, and E-Mail Address of the person responsible for the COCM duties set forth in Section G.2.6.2.
| COCM Name: |
| Click here to enter text. |
| Title: |
| Click here to enter text. |
| Office Phone: |
| Click here to enter text. |
| Mobile Phone: |
| Click here to enter text. |
| E-Mail: |
| Click here to enter text. |
K.3. TERMS AND CONDITIONS
(a) By signing below, the Offeror accepts all Terms, Conditions, and Provisions included in the solicitation.
(b) The Offeror accepts the performance standards identified in Section F.4., and acknowledges that it is the Government’s unilateral right to invoke Dormant Status or Off-Ramp for failure to meet the stated standards.
(c) The Offeror’s Cost/Price proposal reflects estimates and/or actual costs as of the date of proposal submission. By submitting this proposal, we grant the OASIS SB CO and other authorized representative(s) the right to examine, at any time before award, those records, which include books, documents, accounting procedures and practices, and other data, regardless of type and form or whether such supporting information is specifically referenced or included in the proposal as the basis for pricing, that will permit an adequate evaluation of the proposed price in accordance with FAR 15.403-3.
K.4. FAR 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(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 concern eligible under the WOSB Program.
“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 the size standard in paragraph (b) of this provision.
“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.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned small business 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) The North American Industry Classification System (NAICS) codes for this acquisition are:
SubPool 1 ($15M Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
| 541330 |
| Engineering Services |
| 541360 |
| Geophysical Surveying and Mapping Services |
| 541370 |
| Surveying And Mapping (Except Geophysical) Services |
| 541380 |
| Testing Laboratories |
| 541611 |
| Administrative Management and General Management Consulting Services |
| 541612 |
| Human Resources Consulting Services (2007), Human Resources and Executive Search Consulting Services (2002) |
| 541613 |
| Marketing Consulting Services |
| 541614 |
| Process, Physical Distribution, and Logistics Consulting Services |
| 541618 |
| Other Management Consulting Services |
| 541620 |
| Environmental Consulting Services |
| 541690 |
| Other Scientific and Technical Consulting Services |
| 541810 |
| Advertising Agencies |
| 541820 |
| Public Relations Agencies |
| 541830 |
| Media Buying Agencies |
| 541840 |
| Media Representatives |
| 541850 |
| Outdoor Advertising |
| 541860 |
| Direct Mail Advertising |
| 541870 |
| Advertising Material Distribution Services |
| 541890 |
| Other Services Related to Advertising |
| 541910 |
| Marketing Research and Public Opinion Polling |
| 541990 |
| All Other Professional, Scientific, and Technical Services |
SubPool 2 ($20.5M Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
| 541211 |
| Offices of Certified Public Accountants |
| 541213 |
| Tax Preparation Services |
| 541214 |
| Payroll Services |
| 541219 |
| Other Accounting Services |
| 541720 |
| Research and Development in the Social Sciences and Humanities |
SubPool 3 ($38.5M Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
541330 Exception A Engineering for Military and Aerospace Equipment and Military Weapons
541330 Exception B Engineering for Contracts and Subcontracts for Engineering Services Awarded Under the National Energy Policy Act of 1992
541330 Exception C Engineering for Marine Engineering and Naval Architecture
SubPool 4 (1,000 Employee Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
| 541713 |
| Research and Development in Nanotechnology |
| 541714 |
| Research and Development in Biotechnology (except Nanobiotechnology) |
| 541715 |
| Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology) |
The following NAICS codes are allowable substitutes under SubPool 4:
541711 substituted for 541713 541711 substituted for 541714 541712 substituted for 541715 541712 substituted for 541715
SubPool 5B (1,250 Employee Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
541715
Guided Missiles and Space Vehicles, Their Propulsion Units and Propulsion Parts
The following NAICS codes are allowable substitutes under SubPool 5B:
541712 substituted for 541715
SubPool 6 (1,500 Employee Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
541715
Aircraft, Aircraft Engine and Engine Parts
The following NAICS codes are allowable substitutes under SubPool 6:
(2) The small business size standard is: See tables above.
(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.
(c) Representations.
(1) The offeror represents as part of its offer that it |_| is, |_| is not a small business concern.
(2) [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.
(3) [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 women-owned small business concern.
(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(3) of this provision.] The offeror represents as part of its offer 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)(4)(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.
(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a women-owned small business concern eligible under the WOSB Program in (c)(4) of this provision.]
The offeror represents as part of its offer that—
(i) It |_| is, |_| is not an EDWOSB 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)(5)(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.
(6) [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.
(7) [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(6) of this provision.] The offeror represents as part of its offer that it |_| is, |_| is not a service-disabled veteran-owned small business concern.
(8) [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—
(i) It |_| is, |_| is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It |_| is, |_| is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(8)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Notice.
(1) If this solicitation is for supplies and has been set aside, in whole or in part, for small business concerns, then the clause in this solicitation providing notice of the set-aside contains restrictions on the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a business concern that is small, HUBZone small, small disadvantaged, service-disabled veteran-owned small, economically disadvantaged women-owned small, or women-owned small eligible under the WOSB Program in order to obtain a contract to be awarded under the preference programs established pursuant to section 8, 9, 15, 31, and 36 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall—
(i) Be punished by imposition of fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension and debarment; and
(iii) Be ineligible for participation in programs conducted under the authority of the Act.
(End of Provision)
K.5. 8(a) PROGRAM REPRESENTATION
The offeror represents as part of its offer that it |_| is, |_| is not an eligible 8(a) concern under Section 8(a) of the Small Business Act (15 U.S.C. 637(a))
[Complete only if the offeror represented itself as an eligible 8(a) concern] The offeror’s approved business plan is on the file and serviced by Click here to enter text. [insert the appropriate SBA District and/or Regional Office(s) as identified by the SBA].
K.6. FAR 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEPT 2007)
(a) Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352.Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.
(End of Provision)
K.7. FAR 52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
“Common parent,” as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
“Taxpayer Identification Number (TIN),” as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.
(d) Taxpayer Identification Number (TIN).
|_| TIN: Click here to enter text.
|_| TIN has been applied for.
|_| TIN is not required because:
|_| Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
|_| Offeror is an agency or instrumentality of a foreign government;
|_| Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
|_| Sole proprietorship;
|_| Partnership;
|_| Corporate entity (not tax-exempt);
|_| Corporate entity (tax-exempt);
|_| Government entity (Federal, State, or local);
|_| Foreign government;
|_| International organization per 26 CFR 1.6049-4;
|_| Other Click here to enter text.
(f) Common parent.
|_| Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
|_| Name and TIN of common parent:
| NAME: |
| Click here to enter text. |
| TIN: |
| Click here to enter text. |
(End of Provision)
K.8. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)
(a)(1) The North American Industry Classification System (NAICS) codes for this acquisition are:
(2) The small business size standard is: See tables below.
SubPool 1 ($15M Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
| 541330 |
| Engineering Services |
| 541360 |
| Geophysical Surveying and Mapping Services |
| 541370 |
| Surveying And Mapping (Except Geophysical) Services |
| 541380 |
| Testing Laboratories |
| 541611 |
| Administrative Management and General Management Consulting Services |
| 541612 |
| Human Resources Consulting Services (2007), Human Resources and Executive Search Consulting Services (2002) |
| 541613 |
| Marketing Consulting Services |
| 541614 |
| Process, Physical Distribution, and Logistics Consulting Services |
| 541618 |
| Other Management Consulting Services |
| 541620 |
| Environmental Consulting Services |
| 541690 |
| Other Scientific and Technical Consulting Services |
| 541810 |
| Advertising Agencies |
| 541820 |
| Public Relations Agencies |
| 541830 |
| Media Buying Agencies |
| 541840 |
| Media Representatives |
| 541850 |
| Outdoor Advertising |
| 541860 |
| Direct Mail Advertising |
| 541870 |
| Advertising Material Distribution Services |
| 541890 |
| Other Services Related to Advertising |
| 541910 |
| Marketing Research and Public Opinion Polling |
| 541990 |
| All Other Professional, Scientific, and Technical Services |
SubPool 2 ($20.5M Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
| 541211 |
| Offices of Certified Public Accountants |
| 541213 |
| Tax Preparation Services |
| 541214 |
| Payroll Services |
| 541219 |
| Other Accounting Services |
| 541720 |
| Research and Development in the Social Sciences and Humanities |
SubPool 3 ($38.5M Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
541330
Engineering for Military and Aerospace Equipment and Military Weapons
541330 Exception B Engineering for Contracts and Subcontracts for Engineering Services Awarded Under the National Energy Policy Act of 1992
541330
Engineering for Marine Engineering and Naval Architecture
SubPool 4 (1,000 Employee Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
| 541713 |
| Research and Development in Nanotechnology |
| 541714 |
| Research and Development in Biotechnology (except Nanobiotechnology) |
| 541715 |
| Research and Development in the Physical, Engineering, and Life Sciences (except Nanotechnology and Biotechnology) |
The following NAICS codes are allowable substitutes under SubPool 4:
541711 substituted for 541713 541711 substituted for 541714 541712 substituted for 541715 541712 substituted for 541715
SubPool 5B (1,250 Employee Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
541715
Guided Missiles and Space Vehicles, Their Propulsion Units and Propulsion Parts
The following NAICS codes are allowable substitutes under SubPool 5B:
SubPool 6 (1,500 Employee Business Size Standard)
| NAICS CODE |
| NAICS TITLE |
541715
Aircraft, Aircraft Engine and Engine Parts
The following NAICS codes are allowable substitutes under SubPool 6:
(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.
|X| (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:
(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.
(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) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 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.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 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.
(xi) 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.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 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.
(xiv) 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.
(xv) 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.
(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xviii) 52.225-4, Buy American—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 $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxi) 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.
(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.] _X_ (i) 52.204-17, Ownership or Control of Offeror.
_X_ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (viii) 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 throughhttps://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.
K.9. FAR 52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)
(a) Definitions. 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.
“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.
(b) The Offeror represents that it |_| has or |_| does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code: Click here to enter text.
Immediate owner legal name: Click here to enter text.
(Do not use a “doing business as” name) Is the immediate owner owned or controlled by another entity?: |_| Yes or |_| No.
(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: Click here to enter text.
Highest-level owner legal name: Click here to enter text.
(Do not use a “doing business as” name) (End of Provision)
K.10. FAR 52.204-20 PREDECESSOR OF OFFEROR (JUL 2016)
(a) Definitions. 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.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it |_| is or |_| is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: Click here to enter text. (or mark “Unknown”) Predecessor legal name: Click here to enter text.
(Do not use a “doing business as” name) (End of Provision)
K.11. FAR 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV 2015)
(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at9.108-4.
(c) Representation. The Offeror represents that—
(1) It |_| is, |_| is not an inverted domestic corporation; and
(2) It |_| is, |_| is not a subsidiary of an inverted domestic corporation.
(End of Provision)
K.12. FAR 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);
(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;
(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)
K.13. FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
(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 System for Award Management database via https://www.acquisition.gov (see 52.204-7).
K.14. FAR 52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that—
(1) It is |_| is not |_| a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is |_| is not |_| a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of Provision)
K.15. FAR 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999)
The offeror represents that— It |_| has, |_| has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation;
It |_| has, |_| 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)
K.16. 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)
K.17. FAR 52.222-38 COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING REQUIREMENTS (FEB 2016)
By submission of its offer, the offeror represents that, if it is…
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