RFQ_KOARO4RE027.pdf

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued.

This is solicitation number KOARO4RE027 and is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular, Fac 05-72, Effective 1 January 2014.

This requirement is a 100% total small business set-aside. The associated NAICS code is 561740, Carpet and Upholstery Cleaning and the small business size standard is $5.0 million.

Quotes are due by 2:00 p.m. Eastern on 26 March 2014.

Point of Contact (POC): Jamie Wiebusch Phone Number: 614-701-2791 E-mail address: Jamie.Wiebusch@dfas.mil

E-mail quotes are acceptable and preferred.

Furnish quotes to the POC on or before the closing time listed in this RFQ. All responsible small business sources may submit a quote which shall be considered. It needs to be noted that due to system constraints, electronic file size shall be no larger than 5 MB and shall be uncompressed. Vendors who submit a quote by email are strongly encouraged to ensure it was received by the Government by the time/date specified for closing. All questions regarding this Request for Quote (RFQ) shall be submitted in writing by email to the point of contact above. Quotes are to be valid for a period of 90 days.

The contract type is: Firm Fixed Price.

Requirement:

Statement of Work For

Carpet Cleaning For

Defense Finance and Accounting Service Rome, New York 13441

Dated: 1/30/14

1. Scope of Work: The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform Deep Cleaning by the hot water extraction method, of carpets at DFAS Rome.

1.1 Place of Performance: DFAS Rome, 325 Brooks Rd, Rome, NY, 13441.

1.2 Period of Performance: The period of performance will be one year with the start date being the date of the contract award. The contract will include two (2) one-year options.

1.3 Safety:

1.3.1 Hazardous Materials - When applicable, any chemicals used under provisions of this statement of work shall be identified and supplied with Material Safety Data Sheets (MSDS). MSDS shall be submitted for approval to the DFAS

Contracting Officer Representative, COR, prior to use. Approved MSDS shall be available on site throughout the work performance period.

1.3.2 Worker Safety - During the course of the work as specified under this contract, the Contractor shall abide by all Federal, State, OSHA and AFOSH regulations and standards as they pertain to work safety.

1.4 Security.

1.4.1 The contractor shall provide full name (Last, First and Middle), social security number, place of birth, date of birth, country of birth, home phone number, work phone number and email address of all individuals requiring facilities access to perform work in accordance with this statement of work.

1.4.2 The Contractor shall provide this list to the Contracting Officer Representative within three days after contract award.

1.4.2 Contractor employees identified as requiring access to the facility are required to complete the SF-85, Questionnaire for Non-Sensitive Positions, and a FD258 Fingerprint card, for a pre-appointment background investigation. The SF-85 Questionnaire is an electronic document that must be completed on line (e-QIP).

Necessary information to access the SF-85 on the website will be provided directly to the employees identified.

The FD258 fingerprint card will be provided and actual fingerprinting will be done by DFAS Rome security personnel.

1.4.2.1 Contractor employees must complete the SF-85 and a FD258 within three days after notification from the DFAS

Security Office.

1.4.2.2 Contractor employees must have a favorable National Agency Check with Inquiries (NACI) investigation to obtain a DFAS Contractor Unescorted Entrance Badge before contract performance can begin.

1.4.2.3 Badges must be worn and displayed at all times while at DFAS Rome.

1.4.3 Security Search: All contractor personnel, their vehicles, and other property entering, leaving, and while within the confines of DFAS, shall be subject to search/inspection.

1.5 Other Contractors. DFAS Rome has a full time custodial contractor. The requirements of this contract may affect the work of the custodial contractor. The contractor will provide a detailed schedule of carpet cleaning to the DFAS Support Services Supervisor to facilitate the performance of both contract requirements.

1.6 Quality Assurance. DFAS Contracting Officer Representative, COR, will evaluate the contractor's performance under this contract. Performance will be monitored daily while Contractor personnel are on site. The COR is Dave Steiner, DFAS Rome, 325 Brooks Rd, Rome, New York, 13441-4516, phone 330-6075 fax 330-6991, E-mail dave.steiner@dfas.mil.

1.7 Physical Security. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the end of each work period, all government facilities, equipment and materials shall be secured.

Contractor shall immediately upon arrival at the facility notify Security 709-6177 if the facility is found unsecured. Open exterior doors shall not be left unattended during cleaning operations.

1.8 Non-Smoking Facilities: All Government facilities are NON-SMOKING facilities. All Contractor personnel and visitors shall smoke in designated smoking areas only.

1.9 Normal Hours of Operation. The contractor shall perform most of the services required under this contract on weekends and outside the normal operating hours of the government activity occupying the facility where the services are to be performed. Normal operating hours of DFAS Rome are 0600 – 1800, Monday thru Friday.

1.9.1 Recognized Holidays. Unless stated otherwise in this SOW, the contractor is not required to provide service on the following US federal holidays:

New Year’s Day Jan 01 Martin Luther King’s Birthday 3rd Mon in Jan President’s Day 3rd Mon in Feb Memorial Day Last Mon in May Independence Day Jul 4 Labor Day 1st Mon in Sep Columbus Day 2nd Mon in Oct Veteran’s Day Nov 11 Thanksgiving Day 4th Thu in Nov Christmas Day Dec 25

1.10 Access to Rooms. Access to locked rooms in areas to be cleaned will be provided by the COR.

1.11 Conservation of Utilities. The contractor shall make sure employees practice utility conservation. The contractor shall be responsible for operating under conditions that prevent the waste of utilities to include:

1.11.1 Lights shall be used only in areas where work is actually being performed.

1.11.2 Employees shall not adjust mechanical equipment controls for heating, ventilation, and air conditioning systems.

1.11.3 Water faucets or valves shall be turned off when not in use.

2. Definitions.

2.1 Deep Cleaning. A restorative technique using the hot water extraction or steam cleaning method of deep cleaning carpet fibers to extract dirt, dust, debris, soil, stains, and odor in the carpet. Method utilizes a commercial-type carpet cleaning equipment to heat and dispense hot water and cleaning solutions into the carpet, vacuum solution from the carpet, force clean water into the carpet fibers to rinse out all solution, and then vacuums all remaining moisture from the carpet.

Equipment will have a PSI rating of 170 or higher.

2.2 Dirt. Particles of sand, soil, grit, pebbles, mud, dust, fuzz, tar, liquid stains, vomit, ashes, etc.

2.3 Easily Movable Items. Any furniture, waste receptacles, chairs, etc., that weighs 250 pounds or less or can be moved by two persons. System furniture, furniture supporting electronic equipment, file cabinets, and fully loaded bookcases are not easily movable for purposes of this SOW.

2.4 Professional. Conforming to the technical or ethical standards of a profession. Displaying the conduct, appearance, and qualities that characterize or mark a profession. Possessing skill, experience and competence in a profession.

3. Government Furnished Utilities. The government will furnish existing utility services, for contractor personnel use, in government-furnished office space and in those areas receiving custodial services including water, sewer, and electric services.

4. Contractor Furnished Equipment. The contractor's equipment shall be of commercial quality, size, and type suitable for accomplishing the various phases of work specified and operated from existing sources of government-furnished electrical power and water. All electrical equipment used by the contractor shall meet all safety requirements of this contract and shall be UL approved. It shall be the responsibility of the contractor to prevent the operation or attempted operation of electrical equipment, or combinations of equipment, which require power exceeding the capacity of existing building circuits. All equipment shall have bumpers and guards to prevent marking and scratching of fixtures, furnishings, or building surfaces. The contractor's equipment shall be in good repair and able to operate efficiently and safely.

Equipment shall be maintained clean to present a neat, professional appearance. The contracting officer or representative may inspect the contractor's equipment and/or tools at any time and direct the removal of any improper or unsafe equipment/tools. These items shall be removed from the job by the contractor and replaced with satisfactory equipment.

5. Specific Tasks:

5.1 Superintendence by Contractor. The contractor shall at all times provide adequate supervision of its employees to ensure complete and satisfactory performance of all work in accordance with the terms of the contract. The contract manager, or alternate representative, will be on the site and available at all times when the work of the contract is being carried out to receive instructions from the contracting officer or her representative. The contractor shall provide additional telephone and pager numbers where the contract manager and alternate can be reached during other than normal duty hours should the contracting officer deem it necessary.

5.2 Carpet Cleaning. The Contractor shall vacuum all carpets before steam cleaning the carpets. All cleaning shall be accomplished by the deep cleaning hot water extraction (Steam Cleaning) method. Apply a heavy duty spot remover in heavily soiled areas. Pre-treat the heavily soiled areas and traffic lanes with traffic lane cleaner and wait the recommended time before cleaning. Equipment capable of agitating the carpet to loosen ground in soil etc. and heavily stained areas will be utilized prior to steam cleaning to insure removal of stains and ground in soil. Apply required amount of cleaning solution with the extractor machine, extract, and allow carpet to dry before use. After cleaning, the carpeted area will be uniform in appearance and be free of spots, stains, streaks, and discoloration. All cleaning solutions shall be removed from baseboards, furniture, trash receptacles, chairs and other similar items. Chairs, trash and recycling receptacles, free standing desks, tables, coat racks, carpet runners, chair runners, and easily movable items shall be moved to clean carpets underneath, and returned to their original location.

5.2.1 Spots and Stains. All spots and stains are to be removed.

5.2.2 Drying time. Contractor shall allow sufficient time for cleaned carpets to dry before building occupants arrive for work. Normal operating hours of DFAS Rome are 0600 – 1800, Monday thru Friday.

5.3 Cleaning Schedule. Areas/Rooms to be cleaned are listed in TE-1 and also depicted in TE-2. There are approximately 1100 cubicles depicted in TE-2, and the carpet in each cubicle shall be cleaned. The entire "Shampoo Contracted Area" (approximately 179,858 square feet) depicted in TE-2 shall be cleaned twice per year in May and November. The approximately 179,858 square feet shall be cleaned in 30 days or less. The high traffic areas (approximately 29,639 square feet) listed in TE-1 shall be cleaned an additional two times in February and August. The approximately 29,639 square feet shall be cleaned in 7 days or less.

5.4 Quarterly billing. The contractor shall submit a list of areas, rooms and square footages completed with the quarterly bill.

5.5 Contractor Manpower Reporting: The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for carpet cleaning services via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2014. Contractors may direct questions to the help desk at help desk at:

http://www.ecmra.mill.

End of Statement of Work

Location of Work to be Performed:

DFAS Rome, 325 Brooks Rd, Rome, NY, 13441.

Anticipated Period of Performance: The base period of performance is anticipated to begin April 1, 2014 or later and will be in effect for one year from the date of award. The resulting order/contract will include two (2) one-year option periods that may be exercised at the Government’s discretion.

List any Acceptance Criteria: Quoters must meet the Statement of Work. Any exceptions to the Statement of Work must be clearly noted within the quote. Unless a specific exception to the Statement of Work is quoted, the quote will be deemed to be in complete accordance with the Statement of Work as identified in this RFQ. If an exception to the Statement of Work is quoted, the quote may be deemed technically unacceptable and removed from consideration from award.

Site Visit: All quoters must conduct a site visit prior to quoting. The site visit is mandatory so all quoters can inspect the condition of the carpet. The carpet in the East Wing at DFAS Rome was installed in 1997 and the carpet in the West Wing was installed in 1998. Since the carpet is over sixteen years old and has not been cleaned regularly since 2011, all quoters are required to inspect the carpet.

You must request a site visit from 3/11/2014 to 3/20/2014. Site visits must be requested during these dates to allow enough time to schedule the visit and allow time for you to submit a quote. The site visit will be scheduled within one business day after the request is received. The closing date on the RFQ will not be extended to allow for untimely site visit requests. To request a site visit please contact:

Dave Steiner p: (315)709-6075 Dave.Steiner@dfas.mil

Or

James Seamans p: (315)709-6063 James.Seamans@dfas.mil

Please include the RFQ Number KOARO4RE027 in the subject line of the email.

Basis for Selection: The Government will issue one order to the contractor whose quote is determined to be the “best value” to the Government, price and other factors considered. The factors that will be considered are Price and Past Performance. Price and Past Performance are approximately equal.

Quoters should address the following:

• PAST PERFORMANCE: Quoters may submit up to a maximum of 3 pages of past performance information for previous work experience on similar projects within the last three years, including outcomes and points of contact (please include phone numbers and email addresses). All pages after the first 3 pages, regardless of whether they are title pages, tables of content, etc., may not be evaluated. These pages should be properly identified at the top of each page Past Performance Information.

• PRICE: Quoters may submit up to a maximum of 2 pages of supporting information on their price. However, this is not required. All pages after the first 2 pages, regardless of whether they are title pages, tables of content, etc., may not be evaluated. These pages should be properly identified at the top as Pricing Support Information.

The quoter shall submit price(s) for all three years. Price will be evaluated using price analysis techniques.

Options will be evaluated at time of award to include clause, 52.217-8, Option to Extend Services. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). Please submit pricing in the following format:

CLIN Period of Nomenclature Unit of Quantity Unit Price Total Price

Performance Issue 0001 Base Year Semi-Annual

Cleaning (approximately 150,219 square feet)

EA 2 $ $

0002 Base Year Quarterly Cleaning for High Traffic Areas (approximately 29,639 square feet)

EA 4 $ $

0003 1st Option Year

Semi-Annual Cleaning (approximately 150,219 square feet)

EA 2 $ $

0004 1st Option Year

Quarterly Cleaning for High Traffic Areas (approximately 29,639 square feet)

EA 4 $ $

2nd Option Year

Semi-Annual Cleaning (approximately 150,219 square feet)

EA 2 $ $

2nd Option Year

Quarterly Cleaning for High Traffic Areas (approximately 29,639 square feet)

EA 4 $ $

Quotes should NOT include more than 6 total pages of information : (2) pages for Pricing Support information, (3) pages for Past Performance information and (1) additional page of basic quote information

(eg. point of contact, term of quote validity, etc.). Please include your company’s Taxpayer ID Number (TIN) within your basic quote information.

Provisions and clauses:

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions

SEP 2007

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUL 2013

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

MAY 2011

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

AUG 2013

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

MAY 2012

52.212-1 Instructions to Offerors--Commercial Items JUL 2013 52.212-4 Contract Terms and Conditions--Commercial Items SEP 2013 52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-8 Utilization of Small Business Concerns JUL 2013 52.219-14 Limitations On Subcontracting NOV 2011 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-43 Fair Labor Standards Act And Service Contract Act - Price

Adjustment (Multiple Year And Option)

SEP 2009

52.222-50 Combating Trafficking in Persons FEB 2009 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-20 Prohibition on Conducting Restricted Business Operations in

Sudan--Certification

AUG 2009

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.233-3 Protest After Award AUG 1996 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.242-13 Bankruptcy JUL 1995 52.242-15 Stop-Work Order AUG 1989 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.209-7001 Disclosure of Ownership or Control by the Government of a

Terrorist Country

JAN 2009

252.209-7004

252.209-7994

Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law—Fiscal Year 2014 Appropriations (Deviation)

DEC 2006

OCT 2013

252.223-7006 Prohibition On Storage And Disposal Of Toxic And Hazardous Materials

APR 2012

252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.247-7023 Transportation of Supplies by Sea JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of clause)

DFAS 52.204-9000 "REPLACEMENT OF PAPER DOCUMENT DISTRIBUTION WITH ELECTRONIC

DOCUMENT ACCESS (EDA)” (June 2012)

Copies of DFAS contracts and modifications are available on the Electronic Document Access (EDA) website at http://eda.ogden.disa.mil. The website provides access information as well as EDA Help Desk Support.

(END OF CLAUSE)

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. Sec. 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. Sec. 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. Sec. 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).

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

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

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

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

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

ALTERNATE I (APR 2011)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via http://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (b) through (i) of this provision.

(a) Definitions. As used in this provision:

"Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"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 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 its stock is owned by one or more women; or

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

"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 stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

(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 electronically on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations 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 (n) of this provision that the offeror has completed for the purposes of this solicitation only, if any.)

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(10) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. (Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.)

(i) (Complete only for solicitations indicated in an addendum as being set-aside for emerging small businesses in one of the designated industry groups (DIGs).) The offeror represents as part of its offer that it ( ) is, ( ) is not an emerging small business.

(ii) (Complete only for solicitations indicated in an addendum as being for one of the targeted industry categories (TICs) or designated industry groups (DIGs).) Offeror represents as follows:

(A) Offeror's number of employees for the past 12 months (check the Employees column if size standard stated in the solicitation is expressed in terms of number of employees); or

(B) Offeror's average annual gross revenue for the last 3 fiscal years (check the Average Annual Gross Number of Revenues column if size standard stated in the solicitation is expressed in terms of annual receipts).

(Check one of the following):

Average Annual

Number of Employees Gross Revenues

___ 50 or fewer ___ $1 million or less

___ 51 - 100 ___ $1,000,001 - $2 million

___ 101 - 250 ___ $2,000,001 - $3.5 million

___ 251 - 500 ___ $3,500,001 - $5 million

___ 501 - 750 ___ $5,000,001 - $10 million

___ 751 - 1,000 ___ $10,000,001 - $17 million

___ Over 1,000 ___ Over $17 million

(11) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns or FAR 52.219-25, Small Disadvantaged Business Participation Program- Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either--

(A) It ( ___ ) is, ( ___ ) is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search Database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It ( ___ ) has, ( ___ )( has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. (The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___ .)

(12) Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)

(The offeror shall check the category in which its ownership falls):

___ Black American.

___ Hispanic American.

___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

___ Individual/concern, other than one of the preceding.

(d) Certifications and representations required to implement provisions of Executive Order 11246—

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that—

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror 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 his or her behalf in connection with the award of any resultant contract. 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.

(f) Buy American Act--Balance of Payments Program Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Balance of Payments Program--Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Supplies.”

(2) Foreign End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

(List as necessary)

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(g)(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)

The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act.”

(ii) ) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

LINE ITEM NO. COUNTRY OF ORIGIN

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph…