N0018919Q0012-NS_NORFOLK_PROTESTANT_MUSIC_DIRECTOR.docx

N0018919Q0012

Section SF 1449 - CONTINUATION SHEET

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

FOR

DIRECTOR OF WORSHIP/MUSIC FOR CONTEMPORARY PROTESTANT SERVICE

NAVAL STATION NORFOLK BASE CHAPEL, NORFOLK, VIRGINIA

1.0 BACKGROUND: Protestant Worship Music Director services in support of the Naval Station Norfolk Base Chapel Command’s Religious Program for special events, ceremonies and worship.

2.0 TASK: As a member of the Worship Leadership Team, the contractor shall perform Director of Worship (DW) services for the Contemporary Protestant program, and is required to support the missions and responsibilities of the Naval Station Norfolk Chapel Command Religious program for the Protestant service. The period of this contract is from 01 November 2018 to 30 September 2019, renewed annual with (4) year option on 1 Oct for FY20-2023, ending 30 September 2023, the services shall include, but are not limited to the following:

2.1 The DW shall perform prescribed units for the chapel. A unit is defined as one event, such as a worship service, a choir rehearsal, a special event, etc. A unit is typically 60 minutes to 90 minutes in length.

2.1.1 Direct, plan, and lead worship for one (1) Protestant Sunday service per week, for a total of 52 units. Protestant service shall start at 1030, and is estimated to last approximately one to one and a half hour.

2.1.2 Direct, plan, and lead worship for the Protestant Sunday service, for as many as fifty-two (52) group rehearsals/practices per year. This includes recruiting/managing volunteer musicians and singers to be part of the worship team for the service. Such rehearsals/practices will be scheduled in coordination with the Command Chaplain. These sessions will normally last no more than 60 to 90 minutes.

2.1.3 Direct, plan, and lead worship for Protestant service for no more than ten (10) special services. A "special service" shall be any additional religious celebration that is not a regular service, as defined above. Such "special services" include but are not limited to special religious celebrations at Christmas, Easter, and other Christian holy days, memorial and funeral observances, and Command Religious Program functions. These special services will normally last between 60 and 120 minutes. The Command Chaplain or the officiating Chaplain, will provide the date and time of these special services to the contractor.

2.1.4 Utilize music from Government supplied sources. Properly handle all Government supplied materials in accordance with FAR 52.245-2 (Government Property Installation Operation Services). Additionally, the contractor shall be responsible for the safety and upkeep of all Government property provided to him/her under this contract, and shall maintain records and/or note, for future use.

2.1.5 Maintain liaison with the designated Chapel Pastor, and musicians before, during and after all services, and be prepared to direct worship for all planned musical selections in a professional and proficient manner as required. It is expected that the contractor will develop rapport and promote teambuilding with volunteer musicians.

2.1.6 Be present 30 minutes prior to the start of all services, remain in the Chapel for the duration of the service and notify the Chapel Pastor prior to departure once the service has concluded. Both regular and special service commencement times are subject to unforeseen change and advance notice, due to weather or other installation and/or chapel issues. The Command Chaplain will be responsible for ensuring the contractor receives at least 24-hours advance notice before such changes are made.

2.1.7 Understand that musical services for events such as weddings are not considered 'special services' under this contract. Should the contractor perform services in support of that kind of event, any reimbursement must be negotiated between the interested parties and is not considered under this contract.

2.1.8 Maintain a professional attitude within services, rehearsals, and with the staff, and shall be appropriately attired for religious services.

2.1.9 Leave, planned or emergent shall require notification to the Command Chaplain.

2.1.9.1 The contractor shall notify the Command Chaplain at least ten (10) working days in advance for any planned absence.

2.1.9.2 In the event of illness/emergency leave, the contractor shall inform the Command Chaplain as soon as the situation becomes known.

2.1.9.3 Regardless of the reason for his/her absence, the contractor shall remain solely responsible for ensuring the performance of all work required by this contract is accomplished. Therefore, the contractor shall ensure that qualified and suitable replacement is provided. The Government is not responsible for paying any other entity other than the contractor.

2.1.9.4 The chaplain will not be responsible for ensuring a replacement is obtained or receives payment for services provided. No one other than the contractor will be paid directly from Government funds. Any replacement provided by the contractor shall not be authorized to submit invoices for services rendered.

2.2 Command Chaplain will:

2.2.1 Be responsible for the entire protestant service and will coordinate with the contractor on the musical selections, tempos and instrument volumes for the service.

2.2.2 Coordinate with the contractor and provide up to fourteen (7) days lead time for those musical selections requiring advance preparation by the contractor.

2.2.3 Provide notification of time and location changes at least 24-hours prior to the commencement of the service.

2.2.4 Provide to the Contractor all the necessary musical equipment (i.e. organ, piano, guitar, printed music, etc.) required by this contract in good working order and in a timely manner.

2.2.5 Coordinate and conduct all necessary practices, rehearsals and training within the guidelines of this contract.

2.2.6 Review performance of the contractor and submit performance reports Contracting Officer.

3.0 DELIVERABLES.

The Contractor shall deliver all services as described above and include the following minimums:

Item Description of Service and Quantity of Units

BASE PERIOD: 01 November 2018 – 30 SEPTEMBER 2019

Total Units: 106 units

OPTION YEAR 01: 01 OCTOBER 2019 – 30 SEPTEMBER 2020

0003 Special Service (as required): 10 units

Total Units: 114 units

OPTION YEAR 02: 01 OCTOBER 2020 – 30 SEPTEMBER 2021

0003 Special Service (as required): 10 units

Total Units: 114 units

OPTION YEAR 03: 01 OCTOBER 2021 – 30 SEPTEMBER 2022

0003 Special Service (as required): 10 units

Total Units: 114 units

OPTION YEAR 04: 01 OCTOBER 2022 – 30 SEPTEMBER 2023

0003 Special Service (as required): 10 units

Total Units: 114 units

4.0 PLACE OF PERFORMANCE. The contractor shall perform services on site at Naval Station Norfolk, David Adams Memorial Chapel, Norfolk, VA or designated alternate service location and must have prior written approval from the Command Chaplain to subcontract for leave and emergency situations only.

5.0 QUALITY ASSURANCE.

5.1 The Command Chaplain may evaluate the contractor’s performance any time during the duration of this contract. Inspections shall be conducted with the intent of verifying compliance with contract requirements and performance.

5.2 The assessment/evaluation methods, in concert with the contractor quality control procedures, will assure the Government of satisfactory contractor performance. When observations by the Command Chaplain and/or Chapel Pastor indicates a defective performance by the contractor, the Contracting Officer will inform the contractor regarding procedures to correct the deficiency. Disputes between the Command Chaplain and contractor over performance standards shall be referred to the Contracting Officer, for final determination.

5.3 Acceptable Performance. Acceptable performance is achieved when performance meets or exceeds the minimum contract performance standard(s).

5.4 Unacceptable Performance. Unacceptable performance exists when the contractor does not meet the minimum contract performance standard(s). Unacceptable performance will be discussed by the Command Chaplain with the Contacting Officer, regarding corrective actions for the contractor.

6.0 PERSONEL QUALIFICATIONS: Personnel proposed for these services shall have the pre-requisite skills and experience consistent with musicians/directors whose background and experiences are acceptable to chapel requirements. Resumes for prospective contractor (s) shall be submitted to the Contracting Officer.

6.1 Resumes will be evaluated in accordance with the instructions to Quoters.

6.1.1 The offeror will have a clear understanding of the pluralistic ministry requirements that affect the use of Navy chapel facilities and staff.

6.1.2 The offerer will demonstrate knowledge and ability to lead a variety of worship music styles such as traditional, contemporary, and gospel.

6.1.3 The offerer will demonstrate proficiency with the piano, guitar, or comparable instrument used in the leading of worship services.

6.1.4 The offeror will demonstrate past satisfactory experience leading worship with a Protestant congregation or religious worship with a recommended three (3) years of experience.

7.0 Payment. The contractor shall submit an invoice on the first (1st) Monday of the next month following end of the month in which the services were rendered. If this day is a Federal holiday, submit the invoice on Tuesday into the Area Wide Work Flow system.

7.0 PERFORMANCE REQUIREMENT SUMMARY

2.1.3, 2.1.5

2.1.7, 6.0 Complete all record keeping after program.

Submit timely invoices for services performed.

Exercise Option Year

Maintain communication with chaplain.

2.1.5, 2.1.8, 2.1.9, 2.1.9.1, 2.1.9.2, 2.1.9.3, 2.1.9.4

2.1.6

8.0 POINTS OF CONTACT:

Primary Technical:

Contracts/Invoicing:

Carryover-Protestant Musician Services

FFP

Protestant Musician Director Services in accordance with the Performance Work Statement.

FOB: Destination

MILSTRIP: N6268819RC008FN

PURCHASE REQUEST NUMBER: N6268819RC008FN

SIGNAL CODE: J

NET AMT

FFP

Protestant Musician Director Services in accordance with the Performance Work Statement.

FOB: Destination

NET AMT

FFP

NET AMT

FFP

NET AMT

FFP

NET AMT

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

30-SEP-2019

A. RODRIGUEZ

1530 GILBERT ST BLDG N26

REGIONAL OPERATIONS CENTER (ROC)

NORFOLK VA 23511-2737

757-322-2771

N61463

30-SEP-2020

N61463

30-SEP-2021

N61463

30-SEP-2022

N61463

30-SEP-2023

N61463

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)

(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternative line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.

(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

(End of provision)

52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Technical and Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

INSTRUCTIONS AND EVAL INFO

INSTRUCTIONS TO VENDORS AND EVALUATION INFORMATION

Interested vendors may send the quotation by the specified closing date and time to the Navy in the following ways:

Electronic submission:

1. By e-mail to rashida.bennett@navy.mil

The quotation shall consist of two parts: (1) Technical Submission and (2) Price.

1. Technical Submission. In order to substantiate that the quoted services meet the requirements listed in the Statement of Work of this solicitation, the vendor shall provide either one (1) an electronic version of a resume that provides a detailed outline of his/her work (including name, address, and current phone number of the contact person) regarding the vendor’s skills, experience and reliability, which will demonstrate how they will meet the Government requirements. Failing to provide the technical information and or providing unclear or inadequate information may be cause for rejection of the quote. Each vendor shall address all of the following in the Technical Submission section of the quotation:

The offeror will have a clear understanding of the pluralistic ministry requirements that affect the use of Navy chapel facilities and staff.

The offeror will demonstrate knowledge and ability to lead a variety of worship music styles such as traditional, contemporary, and gospel.

The offeror will demonstrate proficiency with the piano, guitar, or comparable instrument used in the leading of worship services.

The offeror will demonstrate past satisfactory experience leading worship with a Protestant congregation or religious worship with a recommended three (3) years of experience.

No price information shall be included in the Technical Submission section.

2. Price. The vendor shall submit one original signed copy of the completed SF1449, and if applicable, executed copies of any amendments. Prices for all line items shall be provided. The prices quoted shall be in accordance with the Schedule of Supplies and Services contained in the solicitation. Price quotes shall be held firm for sixty days.

EVALUATION OF QUOTATIONS

(a) The Government will award an order resulting from this solicitation to the responsible vendor whose quotation, conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Quotations will be evaluated as follows:

Technical Price

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written order in response to the vendor’s quotation will be e-mailed or otherwise furnished to the successful vendor. The Contracting Officer may ask the vendor to provide written acceptance of an order. In other circumstances the vendor may indicate acceptance by proceeding with the services ordered.

TECHNICAL FACTOR: The Government will evaluate the Technical Submission as acceptable (pass) or unacceptable (fail).

Pass: The quote contains all of the required Technical Submission information indicated in the “Instructions to Vendors,” the information submitted does not conflict with the requirements of the Specifications herein, and the proposed items meet or exceed the Government’s requirements.

Fail: The quote does not contain all of the required Technical Submission information indicated in the “Instructions to Vendors,” and/or the information submitted conflicts with the requirements of the Specifications herein, and/or the proposed items do not meet the Government’s requirements.

Note: If the Contracting Officer determines that a vendor’s technical submission is unacceptable, that vendor’s entire submittal may be determined to be technically unacceptable and may no longer be considered for further competition or award.

PRICE: The vendor’s proposed price will be evaluated on the basis of price reasonableness in accordance with FAR 13.106-3.

Vendors responding to this solicitation are advised that, prior to award, the government may request vendors to submit additional information/data to support price reasonableness such as copies of paid invoices for the same or similar items, sales history for the same or similar items, price list with effective date and/or copies of catalog pages along with any applicable discounts. Failure to submit the requested information may result in disqualification of the submitted quote.

SELECTION: The Government intends to evaluate quotes and award a contract using the simplified acquisition procedures of FAR Subpart 13.1. The Government shall select the vendor whose quote is most advantageous to the Government, considering price and technical submission when compared to other quotations. The Government reserves the right to award to other than the lowest priced vendor. The Government also reserves the right to not award a contract if a contract award is not in the best interest of the Government.

QUESTIONS

Any questions in relation to this request for quotation shall be submitted to RASHIDA BENNETT by e-mail at rashida.bennett@navy.mil or by phone at 757-443-1423. The cut-off date for questions is 1:00 p.m. on 18 October 2018.

Submission of Quote – The NECO website has a “Submit Bid” Button next to the solicitation number. Do not use the “Submit Bid” Button on NECO to submit your quote. See “Quote Preparation Instructions” above for allowable method(s) for submitting your quote.

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2017) ALTERNATE I (OCT 2014)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at https://www.sam.gov/portal . If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

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

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

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

(b)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) 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, 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) 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 to the Equal Opportunity clause of this solicitation; 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 parts 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 $150,000.) 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 Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American – 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—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i) 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--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—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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other 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.”

Other Foreign End Products:

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

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

[List as necessary]

(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

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

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--

(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) [ ___ ] 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 Federal, state or local government 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; and

(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

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

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) 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.

(B) 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.

(ii) Examples.

(A) The…