NDMS Draft RFP.pdf

DRAFT

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

RD-31ME

WASHINGTON DC 20250

1400 INDEPENDENCE AVE, SW

PROCUREMENT MANAGEMENT OFFICE

USDA, RURAL DEVELOPMENT

RD-FC3 CODE 16. ADMINISTERED BYCODE

X

X

531390

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED ORRD-31ME

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

1700 ETBridget Purdy (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBERa. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION 5. SOLICITATION NUMBER

12SAD122R0001

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

ST. LOUIS MO 63103

1520 MARKET STREET, (GOODFELLOW)

USDA/RURAL DEVELOPMENT FC-3

15. DELIVER TO

WASHINGTON DC 20250

1400 INDEPENDENCE AVE, SW

PROCUREMENT MANAGEMENT OFFICE

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$8.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

USDA, RURAL DEVELOPMENT

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The Government anticipates awarding Indefinite Delivery Indefinite Quantity contracts as described in FAR 16.504. This is a multiple award for at least two IDIQ contracts. The total scope of the technical tasks for which orders may be issued is set forth in the attached Performance Work Statement (PWS). The maximum dollar amount the Government may order under this contract is $300,000,000. The minimum dollar amount the Government may order under this contract is $3,500. Period of performance

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

X

XX

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

Bridget Purdy

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

0001 EABase Year

Uncontested Foreclosure Services - Unit is Per

Property FFP

The Government will assign properties as a case under each Task Order.

This CLIN is one FFP per property for all uncontested foreclosure activities in accordance with the PWS.

The ordering period for this CLIN is one year.

The period of performance begins when a case is assigned to the Contractor.

This CLIN is priced in accordance with the

Contractor's rates at Attachment E of this IDIQ contract.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 of and ordering period under this contract shall be for 10 years from contract award date. The Government has no obligation to issue orders for services beyond the minimum guaranteed. The Government’s obligation under this contract is the guaranteed minimum quantity of service $300,000 to each awardee, fulfilled under the first task order issued to each Contractor. The dollar value of each Task Order(s) will vary depending on the Government’s need. The Government makes no guarantee as to the number of task orders or actual amount of services beyond the guaranteed minimum.

This contract has been assessed and determined that the services are labeled as critical, and these activities may continue during the lapse of appropriations. These services categories would be to prevent imminent harm to life or property. Other than these tasks, work under the contract cannot be performed during the lapse in appropriations

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD121R0001

0002 EA

EA

Product/Service Code: R499

Base Year

Contested Foreclosure Services - Unit is Per Property FFP The Government will assign properties as a case under each Task Order.

This CLIN is one FFP per property for all contested foreclosure activities in accordance with the PWS.

The ordering period for this CLIN is one year.

The period of performance begins when a case is assigned to the Contractor.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year

Property and Occupancy Inspection Services - Unit is monthly Per Property FFP

This CLIN is one FFP per property for all Property and Occupancy Inspection activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year

Property Preservation Maintenance Services (Unoccupied) - Unit is monthly Per Property FFP

This CLIN is one FFP per property for all Property Preservation Maintenance activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

EA

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD121R0001

EA

0006AA

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

0006AB

Base Year

Appraisal or Valuation Services - Unit is Per appraisal or valuation FFP

This CLIN is one FFP per appraisal or valuation for all appraisal or valuation activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year

Foreclosure Over & Above Services This CLIN is Time & Material (Hourly) for all foreclosure over and above activities in accordance with the PWS.

The ordering period for this CLIN is one year.

Only those labor categories(LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

Product/Service Code: R499

Base Year Foreclosure Over & Above Other Direct Cost (ODC)- Reimbursable

This CLIN is Time & Material for all foreclosure over and above material in accordance with the

PWS.

The ordering period for this CLIN is one year.

Government Plug-In Amount

Product/Service Code: R499

LO

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD121R0001

0007 EA Base Year Chapter 7 Bankruptcy Services - Unit is Per Chapter 7 Bankruptcy FFP

This CLIN is one FFP per bankruptcy for all Chapter 7 Bankruptcy activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year Chapter 13 Bankruptcy Services - Unit is Per Chapter 13 Bankruptcy FFP

This CLIN is one FFP per bankruptcy for all Chapter 13 Bankruptcy activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year Mediation Services - Unit is Per Mediation FFP

This CLIN is one FFP per bankruptcy for all Chapter 13 Bankruptcy activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

0008 EA

0009 EA

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD121R0001

0010 EA

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

0011 EA

Base Year

Eviction Services - Unit is Per Eviction FFP

This CLIN is one FFP per eviction for all eviction activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year

Real Estate Owned (REO) Disposition Services - Unit is Per Property FFP

The Government will assign properties under each Task Order. This CLIN is one FFP per property for all REO disposition activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year

Real Estate Owned (REO) Appraisal Services - Unit is Per REO Appraisal FFP The Government will assign REO appraisals under each Task Order.

This CLIN is one FFP per REO appraisal for all REO appraisal activities in accordance with the

PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

EA

NAME OF OFFEROR OR CONTRACTOR

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

12SAD121R0001

0013 EA

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

0014AA LO

0014AB

Real Estate Owned (REO) Property Preservation Maintenance Services - Unit is monthly Per Property FFP

This CLIN is one FFP per property for all REO Property Preservation Maintenance activities in accordance with the PWS.

The ordering period for this CLIN is one year.

This CLIN is priced in accordance with the Contractor's rates at Attachment E of this IDIQ contract.

Product/Service Code: R499

Base Year

Real Estate Owned (REO) Over & Above Services This CLIN is Time & Material (Hourly) for all REO over and above activities in accordance with the

PWS.

The ordering period for this CLIN is one year.

Only those labor categories(LCATs) listed in the rate sheet will be authorized for use throughout the performance of the contract. Labor shall be delivered in accordance with the labor qualification specified in Attachment E of the basic IDIQ contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

Product/Service Code: R499

Base Year

Real Estate Owned (REO) Over & Above Other Direct Cost (ODC)- Reimbursable

This CLIN is Time & Material for all REO over and above material in accordance with the PWS.

The ordering period for this CLIN is one year.

Government Plug-In Amount

Product/Service Code: R499

Draft Solicitation Nationwide Default Management Services

(NDMS)

12SAD122R0001

Section I - Solicitation/Contract Form Section II - Supplies or Services/Prices Section III- Special Contract Requirements……………………………………………………...3 Section IV – Contract Clause Section V – List of Documents, Exhibits & Other Attachments Section VI - Instructions to Offerors Section VII - Evaluation Factors for Award

Section III- Special Contract Requirements The following clauses are being included via an addendum to FAR Clause 52.212-4, Contract Terms and Conditions Commercial Items.

1. Over and Above Work Over and above work is defined as work discovered by the contractor during performance of work assigned that is within the general scope, however not included as part of the current contract.

When the contractor encounters over and above work, they must notify the Contracting Officer and submit a proposal for approval prior to start of performance and within a reasonable time of identification of the over and above work. Any work initiated without CO approval will be performed at the contractor’s own expense. The proposal should contain the description of work, the estimated labor hours, labor rates, and material required to complete the task. The proposal should be sufficient to satisfy contract requirements and obtain the authorization of the CO before performing the proposed work. The proposal will be priced based on competitively established basic IDIQ rates. Prior to approval, the CO will verify with the COR that the proposed work is required and is not covered under the current contract line items, determine whether the prices and quantities are fair and reasonable, as well as verify that funding is available. The Contracting Officer will execute a written approval for all over and above work requests via contract modification.

2. On-Ramping The USDA will review contractor performance and requirements on a regular basis to determine the necessity of an on-ramp for the purpose of adding additional NDMS IDIQ contractors. The decision to request proposals under this clause will be solely at the USDA’s discretion at any time during the term of the NDMS IDIQ.

On-ramping will be open on SAM.gov and will utilize the original solicitation. The USDA will notify them via email. Current awardees will not need to re-compete.

The same basis of award established in the initial NDMS solicitation will be utilized. Any Offeror meeting the eligibility requirements of the on-ramp RFP may submit a proposal in response to the solicitation. However, the USDA has the discretion to not make an award depending upon the quality of the offers received.

Upon award of an additional contract, the USDA will notify existing contractors of the award, and the awardee will be eligible to compete with the present contractor(s) for the award of future IDIQ task orders. Existing contracts and task orders will be unaffected by this on-ramp clause and will remain active. The overall contract ceiling and contract length will not be extended for new on-ramp IDIQ awardees.

3. IDIQ Rate Refresher Due to the dynamic nature of default services and potential changes in market conditions, the Contracting Officer reserves the right to reassess previously negotiated rates in Attachment E, IDIQ Price Matrix, and request updated rates at any time during the contract period of performance based on market conditions.

4. Non-Disclosure Agreement (NDA) All Contractor employees with access to sensitive information will execute Attachment 09 Non- Disclosure Agreement (NDA), as a condition of access to such information. The Contractor will maintain signed copies of the NDA for all employees as a record of compliance. The Contractor will provide copies of the signed NDA to the Contracting Officer’s Representative (COR) no later than two (2) business days after contract award.

5. USDA Visual Identity Guidelines All visual materials intended for release to the public, both electronic and printed, delivered in the performance of this contract, must wholly conform to the current USDA Rural Development Visual Identity Guidelines, Attachment 02. Such materials include the following, and any other products agreed to in advance between the COR and the vendor:

Reports and other documents Handouts Advertisements intended for both printed and electronic media Still visual presentations Video presentations Banners Infographics Posters Folders Cards and Envelopes Photographs Visual themes Logos Layout Graphic design Graphics Graphs and charts Illustrations Drawings.

6. Contractor Information Protection and Release:

The Contractor and its employees will exercise utmost discretion in regard to all matters relating to their duties and functions. They will not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except by reason of their performance of services under this contract which has not been made public, except in the necessary performance of their duties or upon written authorization of the administrating contracting officer and/or contracting officer. All documents and records (including photographs) generated during the performance of work under this contract will be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, recording, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed under this contract will be published or disseminated through any media without the prior written authorization of the CO. These obligations do not cease upon the expiration or termination of this contract. The Contractor will include the substance of this provision in all contracts of employment an in all subcontracts hereunder.

7. Invoice and Payment Instructions

Invoice Submission.

(a) Invoices will be submitted via email to the COR and Contracting Officer as indicated in this section. Submit your invoices on your company’s letterhead with the information below.

(b) To assist the Government in making timely payments, the Contractor must furnish the following information with their invoice:

Contract Number Task Order Number Name and payment address of the contractor (include the name, title, telephone number, and mailing address of a contact person in the event of a defective invoice) Invoice Number/Date Payment Terms Amount by line-item number (CLIN) including quantity and unit price o Broken down by state Account Type: ( FCL-528 or REO- 532) Borrower name/USDA Loan Number/Property address Date of case origination (if available), case number, state/county code, FMMI PO number

(if available), and FMMI PO Line number (if available) List of reimbursable – (reimbursable expenses submitted must be accompanied by receipts) Description of services Date case assigned for all CLINs Date case completed for all CLINs Date services were provided Copies of all reports and documentation required by the contract, for which payment is being requested CLIN rollup with amount billed per line and total for invoice Certification of correctness by date and signature of Contractor’s authorized official

(c) Invoice(s) must be submitted monthly for work performed. The CO will initiate payment after verification that the invoice is proper, including COR certification that services were accepted.

(d) Invoices should be submitted on or before the 10th workday of the succeeding month.

(e) Invoice Schedule

Invoice Discrepancies The COR will complete preliminary review of invoices and the Contracting Officer (CO) will notify the Contractor of any discrepancies within seven (7) calendar days after receipt.

Payment of Invoices by Electronic Funds Transfer Payments under this contract must be made under the Department of Treasury’s Automated Clearing House (ACH) system. Under this system, the funds will be wired electronically to the contractor’s financial institution pursuant to FAR 52.232-33, Payment by Electronic Funds Transfer – System for Award Management (Oct 2018).

A copy of the SF 3881 “ACH Vendor/Miscellaneous Payment Enrollment Form,” will accompany the contract award and must be completed and sent back to both the COR and the Contracting

Officer prior to submission of the first invoice for payment. The form may be obtained from the Department of Treasury’s website at https://www.fiscal.treasury.gov/files/forms/3881.pdf.

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any services performed by the Contractor of its own volition or at the request of an individual other than a duly appointed Contracting Officer.

Only a duly appointed Contracting Officer is authorized to change the specifications, terms, and/or conditions of this contract.

8. Contract Points of Contact The only Government personnel authorized to place orders under this contract is the CO. Any individual duly acting in the capacity of the position by a designation as "Acting” or any individual appointed to the position will be authorized to order by the CO and will be determined post award.

CORs will be identified in writing at the IDIQ Contract or Task Order (TO) Level. In no event will, any understanding, agreement, modification, change order or other matter deviating from the terms of the contract be effective or binding upon the USDA unless formalized by proper contractual documents executed by the CO. The COR will monitor all technical aspects and assist in administering the contract. After contract award, the COR designation letter will be provided to the contractor that clarify the responsibilities. On matters that pertain to the contract terms, the contractor must communicate with the CO. Whenever the COR requests the contractor to perform effort outside the scope of the contract, the contractor will so advise the CO in writing.

Section IV – Contract Clauses

52.212-3 Offeror Representations and Certifications—Commercial Items (Nov 2021)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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"— 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—

(1) 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.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small, disadvantaged business concern, consistent with13 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 at13 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 CFR124.104(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 Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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 (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.

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 least51 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.

(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 in SAM

(2) The Offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs [Offeror to identify the applicable paragraphs at (c) through (v) 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 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, that it □ is, □ is not a small, disadvantaged business concern as defined in 13 CFR124.1002.

(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.

(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.

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

(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.

(d) Representations required to implement provisions of Executive Order11246-

(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 http://uscode.house.gov/ 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)

(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

(iii) The terms "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:

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-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)

(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "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:

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 (g)(1)(ii) of 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.

Other Foreign End Products:

[List as necessary]

(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:

Line-Item No. Country of Origin [List as necessary]

(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:

Line-Item No. Country of Origin [List as necessary]

(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:

Line-Item No. Country of Origin [List as necessary]

(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;

(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 the threshold at 9.104-5(a)(2) 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 taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection.