ID04120193001_PWS_RFP.doc

General Services Administration

Federal Acquisition Service

Assisted Acquisition Services Division Southeast Sunbelt Region

PERFORMANCE WORK STATEMENT (PWS)

Department of Defense (DOD) Counter NarcOTERRORISM TECHNOLOGY PROGRAM OFFICE (cntpo) FORWARD LOGISTICS SUPPORT

Order number: ID04120193001 Date: 11/06/2012

1.0 Introduction: Work is to be accomplished for the DoD Counter Narcoterrorism CNTPO herein referred to as the Client through the General Services Administration (GSA), Federal Acquisition Service (FAS), Assisted Acquisition Services Division (AASD), Southeast Sunbelt Region.

1.1 Points of Contact (POC):

GSA Customer Account Manager (CAM):

Name: Amy Venckus

Address: 401 W. Peachtree Street NW, Suite 2700

City, State, Zip: Atlanta, GA 30308

Phone: (813) 458-9276

E-mail: amy.venckus@gsa.gov

GSA Senior Contracting Officer (SCO):

Name: Luis Pagan Marchand

Address: 401 W. Peachtree Street NW, Suite 2700

City, State, Zip: Atlanta, GA 30308

Phone: (813) 394-7276

E-mail: luis.paganmarchand@gsa.gov

Client Representative (CR):

Name: Kathrina Urann, Z07

Address: Dahlgren Division/Naval Surface Warfare Center

City, State, Zip: Dahlgren, VA

Phone: (540) 653-2374

E-mail: Kathrina.L.Urann@navy.mil

Alternate Client Representative (ACR):

Name: Janet Bohlmann

Address: Dahlgren Division/Naval Surface Warfare Center

City, State, Zip: Dahlgren, VA

Phone: (540) 653-2374

E-mail: Janet.Bohlmann@navy.mil

1.2 Background: The DOD CNTPO was established to create Counter Narcoterrorism Technology (CNT) networks, infrastructure, and capabilities worldwide that are focused on the detection, identification, and disruption of narcoterrorist activities and organizations. The CNTPO currently is responsible for providing contract oversight on multiple DOD contracts involving supply and service orders in the CENTCOM AOR. In order to provide adequate oversight, it is necessary for CNTPO personnel to be forward-deployed to Kabul, Afghanistan.

1.3 Objective: Provide selected equipment and services required to safely support CNTPO forward-deployed personnel (CNTPO Program Management office and associated US Government civilian and CNTPO contract support personnel) and maintain a basic, operational office Afghanistan.

1.4 Contract Type: Time & Materials (T&M)

1.5 Period of Performance:

Base Period:

01/07/2013-09/29/2013 Option Period One:

09/30/2013-09/29/2014 Option Period Two:

09/30/2014-09/29/2015

2.0 Scope: The scope of this effort is to provide all services required for CNTPO to maintain a basic, operational support cell (called CNTPO-Forward) in Kabul, Afghanistan. There will be a minimum of two (2) full time permanent personnel in the CNTPO-Forward support cell requiring support under this order. There may be an additional two (2) full time permanent personnel for a total of four (4) permanent personnel in the CNTPO-Forward support cell requiring support under this order. There will be a variable number of personnel visiting the CNTPO-Forward support cell for variable lengths of time requiring support under this order.

3.0 Performance Requirements: The CNTPO-Forward requires the service requirements presented below including static (will not likely change) and variable requirements in terms of the number of personnel, vehicles, and associated support, etc, that will be required for any given duration. The number of each requirement will vary month to month and will not always be required at all times; the requirements listed shall be made available at any time upon request of the Government. All services identified herein, except for vehicle maintenance shall be within the proposed compound or facility. These services shall be provided as specified regardless of the actual number of personnel deployed.

3.1 Living Quarters: The contractor shall provide secure lodging services in Kabul, Afghanistan, within 5 kilometers of the Drug Enforcement Agency (DEA)/National Interdiction Unit (NIU) facility. Lodging services shall be provided for two (2) permanent personnel, with the ability to expand to four (4) permanent personnel. It is required that all living quarters for permanent CNTPO-Forward personnel shall be located in close proximity.

The current arrangements at Camp Integrity include 1 single occupancy villa for Government personnel and 1 two-man villa for Contractor personnel. At a minimum, the contractor shall provide single occupancy rooms for Government personnel with a bedroom, private bath, and an adjoined living/working area. The bed mattress sets shall be new commercially procured Western-style hotel quality box-spring plus mattress sets. Each room shall contain a wall/foot locker, capable of being locked with a standard pad lock. The bath shall be Western style with a stand up shower, bathtub, toilet, sink and vanity mirrors.

The adjoined living/working area shall include coffee and end tables, couch, and an entertainment center with a television, DVD player, and access to cable programming and internet service. Each room shall have both wired and wireless internet service with a minimum connection speed of 512 Kbps upload and 2Mbps download. The adjoined living/working area shall include the following (typical US office furnishings): one desk, one desk lamp, one desk chair, one visitor chair. Each living quarters should contain a minimum of a microwave (minimum (.7 cu ft) and a refrigerator (minimum 3.6 cu ft).

The adjoined living/work space in one of the rooms (for a permanent member of CNTPO Forward) shall be large enough to simultaneously accommodate 6 adults.

3.2 MWR Amenities: The contractor shall provide on-site access to standard MWR amenities which shall, at a minimum include full access to fitness equipment (both weights and cardio equipment are required) and a common/lounge area.

3.3 Housekeeping/Maintenance: The contractor shall provide daily housekeeping service to each room including wash and fold laundry services (picked up and delivered at a minimum 3x per week) and 24/7 on call maintenance service. Housekeeping services shall, at a minimum, include:

· Cleaning of floors, fixtures, and surfaces

· Removal of trash from the trash cans and replacement of trash can liners

· Making of beds

· Changing of bed linens, blankets and towels (at a minimum of 1x per week)

· Air handlers, HVAC, and air conditioning units shall be cleaned as per manufacturers recommended guidelines (including filter replacements as needed)

3.4 Dining: The contractor shall provide western style meals to all personnel supported under this order, to include drivers/translators/interpreters when required, with a minimum provision of a breakfast, lunch, and dinner service daily. “To-go” meals or “substitute” meals shall, at a minimum, be available for pick-up between the hours of 0500 and 2200. The requirement to provide to-go meals will be communicated with at least 4 hours notice (requests for to-go breakfast will be communicated prior to 2100 local time the previous day). The Contractor shall track the meals consumed per person, bill, and report accordingly.

3.5 Vehicle storage: The contractor shall provide the capability to park up to 4 armored vehicles within a guarded compound where the lodging is located.

3.6 Vehicle Maintenance Service: The contractor shall provide vehicle maintenance for 6 government-owned up-armored SUV vehicles. This vehicle maintenance shall be in accordance with manufacturer’s recommended guidelines for the armored Toyota Land Cruisers vehicles. This includes the maintenance of any up-armored portions of the vehicles in accordance with the armor manufacturer’s recommended guidelines. The government representative shall drop-off and pick-up the vehicles for maintenance servicing. The contractor shall provide vehicle maintenance and repair services, on an as-needed basis due to wear and tear caused by local conditions, within 24 hours of notification. Any repairs beyond standard maintenance services shall be coordinated with the local CNTPO representative and approved in advance.

A Not to Exceed (NTE) amount of $60,000.00 is allocated for vehicle maintenance service.

3.7 Vehicle fueling service: The contractor shall provide regular unleaded and diesel fuel and fueling service for up to 6 armored vehicles.

A Not to Exceed (NTE) amount of $25,000.00 is allocated for vehicle fuel and fueling services.

3.8 Security: For all services, the contractor shall provide 24 hour dedicated security service. At a minimum, this security shall consist of a protected perimeter, multiple entry/exit gates with armed guards and a stand-off exclusion zone between the occupied facilities and public access. The vehicle entry/inspection point shall be separate from the internal compound. The onsite security staff shall perform 100% vehicle searches, individual searches, static and roving posts 24 hours a day 7 days a week. Personal Security Details (PSDs) are not required or desired.

3.9 Driving & translation services: The contractor shall provide up to two (2) two individuals that will serve as a driver with translator and interpreter capabilities in order to operate the government-owned and/or contractor provided vehicles. Each of these individuals must be able to provide all three of the required services. Primary locations will be in and around Kabul, but could include some remote locations. Local and US military regulations and policies shall be followed for all personnel movement, including those related to force protection. Each of these individuals shall meet the following minimum requirements:

· The ability to communicate verbally in (at a minimum) English, Dari, and Pashto.

· Familiarity with the roads and routes between U.S. Forward Operating Bases (FOBs), International bases of operation, and Afghanistan government complexes in Kabul.

· Required documents to legally drive in and around Kabul, Afghanistan.

· Capable of operating both manual and automatic transmission-equipped vehicles.

The CNTPO Forward Lead shall approve all drivers assigned to the contract.

3.10 Miscellaneous and Incidental: The contractor shall provide professional support services as identified by the forward-deployed CNTPO Forward Lead. This service may include procurement of minor equipment, office supplies and equipment, and ancillary services NTE $40,000.00; however, expenses must be approved in writing by the COR prior to purchase.

4.0 Optional Requirements:

4.1 Armory: The contractor shall provide a secure armory and weapons maintenance service, including the ability to check-in and check-out weapons and ammunition. The armory and weapons maintenance service is for the government-owned 9mm and M4 weapons (planning factor of 10 weapons of each type). The contractor shall maintain the sign in and out log and account for all weapons/ammo at all times. The contractor shall provide the sign in and out log for inspection upon request of the CNTPO Program Director, Deputy Program Director, COTR, COR, or KO upon request. The contractor shall provide direct access to stored weapons as needed 24/7 to CNTPO-Forward personnel.

4.2 Armored Vehicle Support: The contractor shall provide a secure armored vehicle for local transportation in and around the Kabul area and possibly transportation to remote locations. The vehicle shall be provided within 24 hours of request. The vehicle provided should be capable of carrying at least 5 adults and their equipment and be armored to at least level B6. For planning purposes only, the contractor should assume that one ad hoc vehicle will be required for approximately 45 calendar days for each period of performance.

4.3 Temporary Driving and Translation Services: The contractor shall provide an additional two (2) individuals that will serve as drivers with translator and interpreter capabilities within 24 hour notice to operate government-owned and/or contractor provided vehicles. For planning purposes only, the contractor should assume that the two (2) additional drivers/translators/ interpreters shall be required for approximately 30 calendar days for each period of performance. The additional individuals serving as drivers with translator and interpreter capabilities shall meet the requirements specified in Section 3.9.

4.4 Temporary Lodging: The Contractor shall, within 14 calendar days notice, provide additional lodging services for transient personnel. Lodging shall meet the requirements specified in Section 3.1 through 3.4. For planning purposes only, the contractor should assume that ad hoc lodging will be required for 1 - 6 personnel at a time for approximately 10 calendar days or less for a total of approximately 45 calendar days per period of performance.

4.5 Meeting Facility: The contractor shall provide a meeting facility capable of comfortably seating up to 8 persons with a 2-3 calendar day notification. The meeting room shall contain an international phone conferencing capability, white board and a large wall-mounted monitor or screen/projector for presentations.

5.0 Security Requirements: There are no requirements for handling classified information. Physical security requirements are addressed in Sections 3.8.

6.0 Deliverables: All deliverables shall become the property of the United States Government and the Contractor shall provide the deliverables with unlimited data rights. Unless otherwise stated, all deliverables shall be submitted in both hardcopy and electronic media in the applicable and approved Navy Marine Corp Intranet (NMCI) firmware such as Microsoft Word/ PowerPoint/ Excel/ Access/ Visio/ Project formats. All electronic media shall be in its originating format and shall be unlocked and editable. All deliverables shall be submitted to the COR, A-COR, Contract Administrator, and Government Technical Point of Contact.

6.1 Monthly Progress Reports: The Contractor shall submit monthly progress reports delivered in a format and/or media approved by the COR. Electronic media shall be used whenever practicable. These managerial reports shall at a minimum include the following elements:

· Contractor's name and address

· Contract Number

· Date of report

· Period covered by report

· Man-hours expended for the reporting period, and cumulatively during the contract. Projected man-hour expenditures for the remaining period of performance

· Proposed and expended cost incurred for the reporting period and total contractual expenditures as of report date

7.0 Meetings: The Contractor shall attend status meetings as required. These meetings shall be structured to provide the Government with an up-to-date status of the Contractor's performance. Following each such meeting, the Contractor shall prepare a report for Government approval, as required.

7.1 Kick-Off Meeting: The Contractor shall schedule and conduct a joint Government and Contractor kick-off meeting to review contract PWS requirements within fifteen (15) calendar days of contract award. The kick-off meeting may be conducted via several methods; the method of the meeting shall be determined by the Government.

7.2 Periodic Progress Meetings: The Contracting Officer, COR, A-COR, and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these progress meetings, the Government may require a Contractor’s self-assessment of their performance or a presentation to be provided on topic matters that will be sent prior to the meeting. The Contracting Officer may provide feedback to the Contractor on how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. The Government and the Contractor shall take appropriate action to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

8.0 Performance Criteria Matrix:

Surveillance

9.0 Inspection and Acceptance: Inspection and acceptance will occur in accordance with FAR 52.246-6, Inspection of Services – Time-and-Material. In the absence of other agreements negotiated with respect to time provided for government review, deliverables will be inspected and the contractor notified of the CR’s findings within five (5) work days of normally scheduled review. If the deliverables are not acceptable, the CR will notify the CAM immediately.

9.1 Unsatisfactory Work: Performance by the contractor to correct defects found by the Government as a result of quality assurance surveillance and by the contractor as a result of quality control, shall be at its’ own expense and without additional reimbursement by the government. Unless otherwise negotiated, the contractor shall correct or replace all non-conforming services or deliverables not later than five (5) workdays after notification of non-conformance.

10.0 Quality Assurance: The Government will evaluate the contractor’s performance of this contract. For those requirements listed in the Performance Matrix, the CR or other designated evaluator will follow the method of surveillance specified in this contract. Government personnel will record all surveillance observations. When an observation indicates defective performance, the CR or other designated evaluator will require the contractor manager or representative at the site to initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation. It acknowledges that the contractor has been made aware of the non-compliance. Government surveillance of requirements not listed in the Performance Matrix or by methods other than those listed in the Performance Matrix (such as provided in the Inspection clause) may occur during the performance period of this contract. Such surveillance will be done according to standard inspection procedures or other contract provisions. Any action taken by the CO as a result of surveillance will be according to the terms of the contract.

11.0 Contracting Officer’s Representative (COR) Designation: After contract award, the Contracting Officer will appoint a COR and issue a COR Designation Letter stating the authority of the COR. The contractor will receive a copy of the written designation.

12.0 Place of Performance: The primary place of performance is in Kabul, Afghanistan. The current CNTPO Forward Office is located at Camp Integrity, which is the Government preferred location. Place of delivery for materials ordered under this order may be any of the following: Government Task Leader (NSWCDD, Dahlgren, VA); CNTPO-Forward main office (Kabul, Afghanistan).

13.0 Government Furnished Property/Services/Information: The Government will furnish any armored vehicles and associated equipment required for the vehicle storage requirement identified in Section 3.5. The Government will furnish all weapons and ammunition required for storage as required in Section 4.1.

14.0 Problem Resolution: The contractor shall bring problems, or potential issues, affecting performance to the attention of the CR and GSA CAM as soon as possible. Verbal reports will be followed up with written reports when directed. This notification shall not relieve the Contractor of its responsibility to correct problems for which they are responsible. The Contractor will work cooperatively with the Government to resolve issues as they arise.

15.0 Contract Funding: It is anticipated that this T&M contract will be incrementally funded.

INCREMENTAL FUNDING – TIME AND MATERIALS/LABOR HOURS

The project may be incrementally funded. If incremental funded, funds shall be added to the contract/order via a unilateral modification as the funds become available. The contractor shall not perform work resulting in charges to the Government that exceed obligated funds.

The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next sixty (60) calendar days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the contract/order by the Government. The notice shall state the estimated amount of additional funds required to continue performance of the contract/order for the specified period of performance or completion of that task.

Sixty calendar days (60) before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

The Government is not obligated to reimburse the contractor for charges in excess of the contract/order funded amount and the contractor is not obligated to continue performance or otherwise incur costs that could result in charges to the Government in excess of the obligated amount under the contract/order.

16.0 Past Performance Reporting: In accordance with FAR 42.15, Contractor Performance Information, interim and final past performance information will be submitted by the GSA CO, GSA CAM, or COR. Per GSAM 542.1503(c), the Contracting Office Director will make the final decision regarding disagreements related to performance evaluations between the contracting officer and the contractor.

17.0 Personal Services/Inherently Governmental Functions: In this effort, the Contractor shall provide strictly non-personal services and shall work as an independent Contractor not subject to supervision or control by the Government. The Contractor shall advise and assist the Government, but shall not make final decisions or certifications on behalf of the Government, nor perform any inherently Government functions. The Contractor and its employees shall not represent the Government nor appear to represent the Government in performance of these contract services. At all times, Contractor personnel shall wear appropriate identification (in accordance with NSWC or other applicable Government policy), identifying themselves as Contractor personnel. At all meetings, conferences, or sessions with Government personnel, Contractor personnel shall clearly identify their status as Contractor employees. While performance of this effort shall not require inherently governmental services, it may include services that are closely associated with inherently governmental functions as defined in Section 804 of the FY 2005 National Defense Authorizations Act. All reports and draft documentation delivered under this contract are the property of the U.S. Government unless properly identified, noted, and documented as specified in the contract.

The Client shall not direct the Contractor to do the following:

· Assign additional work outside the original scope of work

· Direct a change

· Increase/decrease costs or period of performance

· Change any of the terms and conditions of the contract

· Increase the scope of the contract

· Create a binding obligation upon the Contractor or the Government

The client has determined that use of the GSA contract to satisfy this requirement is in the best interest of the government, economic and other factors considered, and this contract is not being used to procure personal services prohibited by the Federal Acquisition Regulation (FAR) Part 37.104 titled “Personal Services Contract”.

17.1 Limitations of Contractor Responsibilities: The Government shall exercise all signatory and decision-making authority relative to the assigned tasks. The Government shall monitor all work in progress to ensure correctness and completeness. Contractor personnel will be provided Contractor support guidelines consistent with prohibitions on personal services contracting and inherently Governmental functions. Specifically, the Contractor shall not:

· Approve, decide, or sign as a Contracting Officer

· Negotiate with Government suppliers

· Accept or reject supplies or services

· Determine disposal of Government property

· Direct other Contractor or Government personnel

· Determine cost reasonableness, allowability, or allocability

· Vote on a source selection board

· Supervise Government personnel

· Approve Government requirements or plans or

· Determine policy This list is not all inclusive and additional restrictions are included in FAR 7.503. Under the guidelines of non-personal services contracts, the Contracting Officer shall have technical, not supervisory, oversight responsibilities of Contractor personnel.

18.0 Section 508 Compliance: The Industry Partner shall support the Government in its compliance with Section 508 throughout the development and implementation of the work to be performed. Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d) requires that when Federal agencies develop, procure, maintain, or use electronic information technology, Federal employees with disabilities have access to and use of information and data that is comparable to the access and use by Federal employees who do not have disabilities, unless an undue burden would be imposed on the agency. Section 508 also requires that individuals with disabilities, who are members of the public seeking information or services from a Federal agency, have access to and use of information and data that is comparable to that provided to the public who are not individuals with disabilities, unless an undue burden would be imposed on the agency.

The Industry Partner should review the following Web sites for additional Section 508 information:

http://www.section508.gov/index.cfm?FuseAction=Content&ID=12 http://www.access-board.gov/508.htm http://www.w3.org/WAI/Resources

19.0 Invoicing and Payment: Invoices shall be submitted simultaneously to GSA’s electronic Web-Based Order Processing System (currently ITSS) and to GSA’s Financial Operations and Disbursement Branch (BCEB) not later than five (5) workdays after acceptance by the Government of the product, service, and/or cost item. In the absence of Government acceptance of services within thirty (30) calendar days, the contractor shall submit an invoice. Invoices shall be submitted not more frequently than monthly through GSA’s electronic Web-Based Order Processing System (currently ITSS) to allow the client to electronically accept and certify services received by the CR. Electronic acceptance by the CR is considered concurrence and acceptance of services. The Contractor shall also submit a proper invoice to GSA’s BCEB.

Original invoices shall be marked (stamped) “Original Copy” and submitted to GSA. For revised invoices, the Contractors should provide: 1) a distinguishing invoice number, 2) a brief explanation and 3) a cross reference to any previous invoice submission(s) for purposes of tracking and avoiding duplicate payments. The contractors can distinguish revised invoices by inserting an "R" at the end of the original invoice number, i.e. Inv123456 (original), Inv123456R (revised).

Contractor may submit an electronic invoice on GSA’s Kansas City web site, www.finance.gsa.gov, or mail a hardcopy to the following address. Electronic posting is preferred and will result in a quicker payment. NOTE: Only use one method of submission, web site or regular U.S. mail, but not both.

Hardcopy invoice shall be submitted to:

General Services Administration

Financial Operations and Disbursement Branch (BCEB)

P.O. Box 219434

Kansas City, MO 64121-9434

This is a Time-and-Materials contract and payment will be based on acceptance of the established work products. A performance and payment schedule will be established after award of the contract. The payment schedule will be based upon interim deliverables and milestones and will be closely aligned with the performance schedule. These milestones may be associated with the monthly progress reports and interim deliverables. During contract performance, if a contractor deviates from their performance schedule then the Government will adjust payment to reflect the contractor’s actual level of performance. The contractor shall provide a proposed performance and payment schedule within ten (10) calendar days after award.

The invoice shall be submitted on official letterhead and shall include the following information at a minimum.

· GSA Contract Number

· Contract ACT Number

· Remittance Address

· Billing Period

· Point of Contact and Phone Number

· Invoice Amount

Invoices for final payment must be so identified and submitted when the contract has been completed and no further charges are to be billed.

The contractor’s information in the Central Contractor Registration (CCR), http://www.ccr.gov , must always match the contractor’s information in GSA’s electronic Web-Based Order Processing System (currently ITSS). Incorrect or non-matching information is the contractor’s responsibility and will result in rejected invoices or other similar delays in payment.

20.0 Contract Closeout: The contractor shall submit a final invoice within forty-five (45) calendar days after the end of the Performance Period. After the final invoice has been paid the contractor shall furnish a completed and signed Release of Claims (GSA Form 1142) to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment.

21.0 Other Terms and Conditions:

FAR 52.202-1

Definitions (Jan 2012)

FAR 52.203-3

Gratuities (Apr 1984)

FAR 52.203-5

Covenant against Contingent Fees (Apr 1984)

FAR 52.203-7

Anti-Kickback Procedures (Oct 2010)

FAR 52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Jan 1997)

FAR 52.203-11

Certifications and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2007)

FAR 52.203-12

Limitation on Payments to Influence Certain Federal Transactions (Oct 2010)

FAR 52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)

FAR 52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012)

FAR 52.204-99

System for Award Management Registration (Aug 2012) (DEVIATION)

FAR 52.209-2

Prohibition on Contracting with Inverted Domestic Corporations Representation (May 2011)

FAR 52.209-5

Certification Regarding Responsibility Matters (Apr 2010)

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

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

(A) Are [_] 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 $3,000 for which the liability remains unsatisfied.

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

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

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

(2) Examples.

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

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

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

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

(ii) The Offeror has [[_] 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 non-responsible.

(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)

FAR 52.209-6

Protecting the Government’s Interests when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

(Dec 2010)

FAR 52.209-7

Information Regarding Responsibility Matters (Feb 2012)

(a) Definitions. As used in this provision—

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

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

(End of provision)

FAR 52.209-9

Updates of Publically Available Information Regarding Responsibility

Matters (Feb 2012)

FAR 52.209-10

Prohibition on Contracting with Inverted Domestic Corporations

(May 2012)

FAR 52.212-1

Instructions to Offerors-Commercial Items (Feb 2012)

FAR 52.212-3

Offeror Representations and Certifications Commercial Items

(Apr 2012)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) 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.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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 Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov . After reviewing the ORCA 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 (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.