RFP 11-15 The Fire Safety Evacuation Planning Risk Assessment Consultant final.pdf

April 15, 2011

Reference: Acquire a Consultant for the Fire Safety & Evacuation Planning Risk Assessment at the

Old Post Office Building (OPO) at 1100 Pennsylvania Avenue NW, Washington, DC

Subject: Request for Proposal Solicitation Number RFP 11-15

Dear Prospective Offeror:

The National Endowment for the Arts (NEA) invites contractors to submit proposals for the services described in the attached statements of work, under the authority of Part 12 of the Federal Acquisition Regulation.

Enclosed you will find a Statement of Work/solicitation that requests proposals that will address acquiring technology solutions to accept application work samples electronically and to provide online access to them and accompanying application materials for evaluation purposes. QUESTIONS concerning this proposal shall be submitted only via email to CONTRACTS@ARTS.GOV by 5:00 pm (EST) on April 20, 2011. Please SUBMIT your PROPOSALS by MONDAY, APRIL 25, 2011 at 5:00 p.m. (EST). This RFP in no way obligates the U.S. Government to award a contract, nor does it commit the U.S. Government to pay any cost incurred in preparing and submitting your proposal.

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 will be considered. In order to select the winning offeror, NEA will rank offerors from best to worst. In addition to the narrative assessments prepared by the Evaluation Team for each evaluation factor, a point scoring system will be used to rank all technical and price proposals. The point scoring system uses a rating scale of 100%. However, NEA will not select an offeror for award on the basis of a superior capability without consideration of the amount of its price. In order to select the winning proposal, NEA will rank each offeror by making a series of paired comparisons between them, trading off the marginal differences in capability with the marginal difference in price.

The Government’s estimate for this contract is $35,000.

The precise period of performance will be determined at the time of award and shall be completed within 30 days.

Proposals that are faxed will not be accepted. Proposals must be received by the closing date and time stated above via email to CONTRACTS@ARTS.GOV. Please refer any questions concerning this request to Latonca M. Harris via email at CONTRACTS@ARTS.GOV.

Sincerely, Latonca M. Harris

Latonca M. Harris Contracting Officer Grants & Contracts Office mailto:harrisl@arts.gov

Enclosures:

Section B, Supplies/Service and Prices Section C, Description/Specifications/Statement of Work Section D, Preservation, Packaging and Marking Section E, Inspection and Acceptance Section F, Deliveries or Performance Section G, Contract Administration Data Section H, Special Contract Requirements Section I, Contract Clauses Section J, List of Attachments Section K, Representations, Certifications and Other Statements of Offerors Section L, Instructions, Conditions and Notices to Offerors Section M, Evaluation Factors for Award

SECTION B

SUPPLIES/SERVICES AND PRICES

B.1 General

The contractor shall review the current Old Post Office Occupant Emergency Plan, evacuation policies and programs and subsequent fire safety and evacuation planning initiatives and make recommendations for improvement for National Endowment for the Arts, Administrative Services Division be able to start immediately located in Washington, DC.

B.2 Pricing

All unit prices are firm fixed rates.

Period of Performance: Date of Award through 30 days of completion

ITEM

No.

SUPPLIES OR SERVICES QTY UNIT UNIT PRICE AMOUNT

1000 To provide and assist the agency in implementing an appropriate Occupant Fire Safety & Evacuation Plan

1 Lot

FIRM FIXED PRICE

GRAND TOTAL

AMOUNT FOR

PROJECT:

NTE

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 INTRODUCTION

The National Endowment for the Arts (NEA) provides national recognition and support to projects of artistic excellence and merit, thus enriching the lives of all Americans and enhancing the livability of communities. The Endowment was created by Congress and established in 1965 as an independent agency of the Federal Government. Since then it has awarded grants to arts organizations and artists in all fifty states and the six U.S. jurisdictions. This public investment in the nation’s cultural life has resulted in both new and classic works of art reaching every corner of America.

The NEA has approximately 170 employees. The agency has no regional or satellite offices. All of the employees are housed in a single location, the Old Post Office Building (OPO) at 1100 Pennsylvania Avenue NW, Washington, DC.

C.2 SCOPE OF WORK

The unique architecture of the Old Post Office Building, coupled with its use as both a Federal office building and a public visitors’ center, presents unique and challenging tenant and public safety, security, and emergency preparedness planning concerns. A primary goal is to mitigate against the potential for fire hazards/incidents that may adversely impact the safety and health of NEA staff and visitors. As such, sound building evacuation procedures and emergency preparedness policies are required to reduce fire and life safety risks.

A bomb scare recently experienced in the OPO required that the building be evacuated in a previously unplanned manner, and it revealed gaps in our planning for staff communication and accountability. For this reason, NEA seeks proposals from qualified experts to assist in the review and enhancement of current Agency fire/incident safety and evacuation programs. Specifically, NEA requests the consultant to:

• Review the current Old Post Office Occupant Emergency Plan, evacuation policies and programs, and subsequent fire safety and evacuation planning initiatives, and

• Make recommendations for improvement with a particular focus on:

Improving our ability to inform staff of a pending or existing emergency Improving our ability to inform staff as to particular exits to use (and also avoid) in response to a pending or existing emergency Improving our ability to advise staff as to where to congregate following their departure from the building Improving our ability to ensure that all staff are accounted for following their departure from the building.

The aim is to ensure that the NEA has in place comprehensive and effective fire safety and building evacuation programs and processes that are consistent with locally-adopted building/fire codes and emergency preparedness best practices, easy to convey to Agency staff, and allow for quick, reliable, and effective implementation.

To ensure that the consultant develops an understanding of emergency practices as implemented in the Old Post Office Building, it is anticipated that this review will involve:

• A thorough review of existing emergency evacuation plans as well as the tools and resources used in preparation for and during implementations

• Interviews of a limited number of key individuals within the Agency, other building tenants, and staff from the General Services Administration (GSA) building management.

Based on this assessment of NEA’s practices and research regarding industry standards, the consultant shall make recommendations to enhance the NEA’s fire safety and life safety emergency preparedness planning including tools and building evacuation policies and procedures that can be applied in actual and/or planning scenarios, and will present these findings in sufficient detail to allow for prompt and complete implementation.

Finally, the recommendations must be realistic, feasible, and affordable for a small Federal Agency with 170 employees..

C.3 DETAILED SPECIFICATIONS

NEA’s vision of the desired solution is as follows:

C.3.1. Specific Tasks - Technical, Functional, and Performance Requirements

The Fire Safety & Evacuation Planning Risk Assessment consulting engagement shall include the following project tasks:

PART I: Review existing OPO fire safety and evacuation planning documents, policies, procedures, processes, and tasks, including tools, resources, roles and responsibilities as currently assigned among building tenants and management.

PART II: Conduct a limited number of interviews with Agency, tenant, and GSA staff.

PART III: Identify shortfalls in existing OPO fire safety and evacuation policy, procedures, and technologies, particularly as they relate to plans for:

• Informing staff of a pending or existing emergency

• Informing staff as to particular exits to use (and also avoid) in response to a pending or existing emergency

• Advising staff as to where to congregate following their departure from the building

• Ensuring that staff are accounted for following their departure from the building.

PART IV: Develop recommendations for improving the Agency’s emergency preparedness – which also address elements noted above – to include:

• A corrective action plan with recommended changes in policies, procedures, and roles and responsibilities

• A timeframe for implementation

• Recommended tools (e.g., equipment and/or technology) that should be acquired to improve the Agency’s preparedness including an estimate of costs to acquire and implement

• Identification of recommended training and resources for conducting recommended training

PART V: All recommendations must be realistic, feasible, and affordable for a small Federal Agency with 170 employees, and must include a level of detail sufficient to allow for prompt and complete implementation.

C.3.2. Technical Matters

The contractor shall accept technical direction during the period of performance from the Project Director, providing such direction is within the scope of the contract.

The Project Director is authorized to perform the following activities:

• Interpret the Work Statement;

• Direct the performance of the contractor's efforts within the scope of the Work Statement;

• Accept deliverables;

• Control all Government technical interface with the contractor;

• Review and investigate any delays or proposed contract changes and make recommendations to the Contracting Officer regarding corrective action; and

• Monitor contractor performance.

The Project Director is not a Contracting Officer. The Project Director is not authorized to modify any of the terms of the contract or to authorize expenditures beyond the funded amount of the contract. The Project Director is authorized to perform the functions listed above only insofar as those functions are exercised in a manner consistent with the Work Statement and terms and conditions of this contract.

C.3.3. Place of Performance

Work will occur both within the Old Post Office Building and at an off-site facility to be determined by the contractor.

SECTION D

PRESERVATION, PACKAGING AND MARKING

Not Applicable.

SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.252-2 CLAUSES Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this address:

https://www.acquisition.gov/far/

(END OF CLAUSE)

E.2 52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

E.3 Inspection and Acceptance

FAR Clause 52.246-4 Inspection of Services – Fixed Price, will govern inspection and acceptance of all services performed by the Contractor. The Contractor is responsible for carrying out its obligations under this contract by controlling the quality of all services rendered and ensuring performance of all contract requirements.

https://www.acquisition.gov/far/

SECTION F

DELIVERIES OR PERFORMANCE

F.1 Timeline for Performing Contract Requirements

Delivery Schedule:

In carrying out this project, the Contractor will be expected to complete C.3.1 Specific Tasks, Parts I-V.

F.2 Term of Contract

The contract term is from date of award through 30 days. All work is expected to be completed based on the specific tasks for performing contract requirements.

F.3 Notice to the Government of Delays

Required services shall begin at time of award in accordance with the Statement of Work. The Contractor is responsible for carrying out its obligations under this contract by controlling the quality of all services rendered and ensuring performance of all contract requirements. To this end, the Contractor shall establish, maintain, and manage quality control throughout the life of this contract. In the event the Contractor encounters difficulty in meeting performance requirements, or when the contractor anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall immediately notify the Contracting Officer and the NEA Project Director, in writing, giving pertinent details. The contractor shall provide these services within 24 hours of written notification, however, this data shall be informational only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

F.4 Deliverables

The contractor shall provide information regarding the content and format for each deliverable.

Acceptance of all written documents will be based upon the NEA Project Director’s review and approval.

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 NEA Project Director

G.1.1 Upon award, a NEA Project Director will be designated to coordinate the technical aspects of this contract and inspect items/services furnished hereunder; however, he shall not be authorized to change any terms and conditions of the resultant contract, including price.

G.1.2 The NEA Project Director is authorized to inspect, accept, and certify services for payment with a statement “approved for payment”, signature and date in accordance with enclosed payment terms. If the invoices should be rejected or denied, the Project Director must immediately contact the Contracting Officer and return the invoice with the rationale to reject or deny payment in accordance with the performance associated with the invoice for further processing.

G.1.3 The Project Director for this contract is:

To be determined at time of award National Endowment for the Arts 1100 Pennsylvania Ave., NW, Suite

Washington, DC 20506

(202) 682-

G.1.4 The Contracting Officer for this contract is:

Latonca M. Harris

National Endowment for the Arts 1100 Pennsylvania Ave., NW, Suite 618

Washington, DC 20506

(202) 682-5476

Written communications shall make reference to the award contract number and shall be mailed to the above address.

G.2 Invoice Requirements

G.2.1 Payment for actual work and services rendered under this contract will be made. Payment will be made by the National Endowment for the Arts via Electronic Funds Transfer (EFT) and in accordance with the contract clause 52.212-4 Contract Terms and Conditions--Commercial Items (FEB 2007), and 52.232-34 Payment by Electronic Funds Transfer--Other Than Central Contractor Registration (May 1999), upon submission of electronic invoices to the NEA’s Finance Office, via electronic email address to NEAINVOICES@ARTS.GOV. Additionally, invoices may be faxed to 202-682-5679.

G.2.2 The office that will make the payments due under this contract (i.e., the designated payment office) is shown below.

National Endowment for the Arts Finance Office, Suite 624

1100 Pennsylvania Ave., NW Washington, DC 20506

To constitute a proper invoice, the following information and/or attached documentation shall be included with the invoice.

(1) Name and address of the Contractor.

(2) Invoice date.

(3) Contract number.

(4) Period covered by the invoice.

(5) Number and description, quantity, unit price and extended total for the period covered applicable to Section B, Supplies/Services and Prices.

(6) Cumulative amounts billed by to date.

(7) Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(8) Taxpayer Identification Number.

(9) Data Universal Numbering System (DUNS) Number.

mailto:neainvoices@arts.gov

Please note:

The successful contractor is required to have a valid, active registration in Central Contractor Registration: http://www.ccr.gov/

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 Contract Type

This is a Firm Fixed Price Commercial Item Contract.

H.2 Special Contract Requirements

Private Use of Contract Information and Data

Except as specifically authorized by this contract, or as otherwise approved by the Contracting Officer, information and other data developed or acquired by or furnished by the Contractor in the performance of this contract, shall be used by the Contractor only in connection with the work under this contract. The contractor must obtain permission through a written request to the Contracting Officer and approval from the NEA’s General Counsel Office prior to releasing any data for use outside of the performance of this NEA contract.

In accordance with the Federal Acquisition Regulation (FAR) 52.227-14(b) Rights in Data-General, the Contractor shall guarantee strict confidentiality of the information and data that is provided by the Government during the performance of the contract. The Government has determined that some of the information and data that the Contractor will be providing during the performance of the contract is of a sensitive nature and cannot be disclosed in any manner.

H.3 Prohibition against Soliciting and Performing Personal Services

A. The performance of personal services under this contract is strictly prohibited.

B. Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations

(FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract?

C. The government and the Contractor understand and agree that the support services to be delivered under this contract are nonpersonal services in nature that is no employer-employee relationships exist or will exist under the contract between the government and the contractor or between the Government and the contractor’s employees.

D. Contractor personnel under this contract shall not:

1. Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

2. Be placed in a Federal staff or policy making position.

http://www.ccr.gov/

3. Be placed in a position of supervision, direction, or evaluation over NEA personnel, or personnel of other contractors, or become a part of a government organization.

E. Employee Relationship

1. The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the government.

2. Rules, regulations, direction, and requirements which are issued by NEA management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

3. The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

H.4 Facility Access

A. Rights of Egress and Ingress

During the life of this contract, the rights of ingress to and egress from the National Endowment for the Arts facility for the Contractor's representatives shall be made available as required.

During all operations on Government premises, the Contractor's personnel shall comply with the rules and regulations governing the conduct of personnel and the operation of the facility. The Government reserves the right to require Contractor personnel to "sign-in" upon entry and "sign-out" upon departure from the National Endowment for the Arts facility.

B. Building Access Passes

When any Contractor personnel enter a NEA building for the first time, the Contractor must notify the NEA Project Director in advance and provide the full name and purpose of visit in order to obtain approval for escorted access.

H.5 Security Requirements

Notice of Contractor Personnel Security Requirements

Compliance with Homeland Security Presidential Directive-12 (HSPD-12) and Federal Information Processing Standards Publication 201 (FIPS 201) entitled "Personal Identity Verification (PIV) of Federal Employees and Contractors," Phase I.

In accordance with FAR 52.204-9, Personal Identity Verification of Contractor Personnel (January 2006), all contractor personnel assigned to work at the NEA or who will have access to NEA information systems are subject to the NEA “Identity Proofing and Registration Process,” established in compliance with HSPD-12 and subsequent guidance provided in, e.g., FIPS 201 and Office of Management and Budget “Memorandum M-05-24” (August 5, 2005).

At least ten working days before a contractor employee will begin work at the NEA or need access to NEA information systems, the contractor shall contact the Project Director to arrange an appointment for the purpose of initiating the process. All contractor personnel shall appear in person to verify their identity, provide fingerprints, and be photographed, prior to issuance of an NEA identification credential.

If a Federal agency has previously performed a background investigation of a contractor employee proposed to work on this contract, the contractor shall submit information to the Project Director to enable the NEA Office of Human Resources (OHR) to verify any previous successfully adjudicated background investigation performed by a Federal agency that meets the requirements of HSPD-12 and subsequent related Personal Identity Verification (PIV) guidance.

If a prior background investigation has not been performed and successfully adjudicated, or cannot be verified by the NEA, the contractor employee shall complete and submit the appropriate background investigation application form (in most cases SF-85: Questionnaire for Non-Sensitive Positions) to the NEA’s OHR. The OHR will – in accordance with current PIV guidance – initiate a background investigation. A credential will be issued only in accordance with the above-referenced guidance.

If the NEA receives disqualifying information on a contractor employee at any time, the NEA, at its sole discretion, may suspend or terminate access to and/or use of any or all NEA facilities and systems, and bar the contract employee from unescorted access to NEA facilities.

At the end of a contractor employee’s performance at the NEA, the contractor employee shall turn in his/her NEA identification credential to OHR prior to departure.

The denial of an agency identification credential to individual contractor employees by the NEA shall not be cause for extension of the period of performance of this contract or any contractor claim against the

NEA.

SECTION I

CONTRACT CLAUSES

I.1 52.252-2 Clauses Incorporated By Reference, (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text may be accessed electronically at this Internet address: http://www.acquisition.gov/far/.

I.2 52.204-9 Personal Identity Verification of Contractor Personnel. (SEPT 2007)

(a) The Contractor shall comply with agency personal identity verification procedures when applicable that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

(End of clause)

I.3 Subpart FAR 9.505-4, Obtaining Access to Proprietary Information

(a) When a contractor requires proprietary information from others to perform a Government contract and can use the leverage of the contract to obtain it, the contractor may gain an unfair competitive advantage unless restrictions are imposed. These restrictions protect the information and encourage companies to provide it when necessary for contract performance. They are not intended to protect information-

(1) Furnished voluntarily without limitations on its use; or

(2) Available to the Government or contractor from other sources without restriction.

(b) A contractor that gains access to proprietary information of other companies in performing advisory and assistance services for the Government must agree with the other companies to protect their information from unauthorized use or disclosure for as long as it remains proprietary and refrain from using the information for any purpose other than that for which it was furnished. The contracting officer shall obtain copies of these agreements and ensure that they are properly executed.

(c) Contractors also obtain proprietary and source selection information by acquiring the services of marketing consultants which, if used in connection with an acquisition, may give the contractor an unfair competitive advantage. Contractors should make inquiries of marketing consultants to ensure that the marketing consultant has provided no unfair competitive advantage

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

52.212-4 Contract Terms and Conditions--Commercial Items. (JUN 2010) 52.227-14 Rights in Data-General. (DEC 2007) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-

Commercial Items. (APR 2011)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

X (23) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (44) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(OCT 2003) (31 U.S.C. 3332).

I.4 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.

SECTION J

LIST OF ATTACHMENTS

Wage Determinations Online - www.wdol.gov. Department of Labor Wage Determination Number:

2005-2103 REV (10) Date of Revision: 06/15/2010 Area: Washington, DC Click on the following hyperlink. http://www.wdol.gov/wdol/scafiles/std/05-2103.txt

SECTION K

52.212-3 Offeror Representations and Certifications—Commercial Items.

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2010)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision— “Emerging small business” means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

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

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

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

“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

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

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

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

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

http://www.wdol.gov/wdol/scafiles/std/05-2103.txt https://www.acquisition.gov/far/current/html/Subpart 12_3.html#wp1084399 http://orca.bpn.gov/ http://uscode.house.gov/ http://uscode.house.gov/

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 9630, Additive Metal Materials.

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174).

Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

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

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

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

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

(6) Have been voluntarily suspended.

“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.

“Veteran-owned small business concern” means a small business concern— http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(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 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.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

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

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

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

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

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

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

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

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

Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acquisition threshold.

(6) 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.

(7) 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:____________________________________

(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.

[Complete only if the offeror has represented itself to be a small business concern under the size standards for this solicitation.]

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

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

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

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

(Check one of the following):

Number of Employees Average Annual Gross Revenues

__ 50 or fewer __ $1 million or less

__ 51–100 __ $1,000,001–$2 million

__ 101–250 __ $2,000,001–$3.5 million

__ 251–500 __ $3,500,001–$5 million

__ 501–750 __ $5,000,001–$10 million

__ 751–1,000 __ $10,000,001–$17 million

__ Over 1,000 __ Over $17 million

(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price

Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136333 https://www.acquisition.gov/far/current/html/52_217_221.html#wp1136374

Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

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

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

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

(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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and

(ii) It is, is not a 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 the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:

__________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States.

The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act— Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(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, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end https://www.acquisition.gov/far/current/html/52_223_226.html#wp1168995 https://www.acquisition.gov/far/current/html/FARTOCP25.html#wp225048 https://www.acquisition.gov/far/current/html/52_223_226.html#wp1169038 product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act— Free Trade Agreements–Israeli Trade Act.”

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

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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 Act—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:

Line Item No. Country of Origin

[List as necessary]

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

(2) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American Act—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 Act—Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) 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)(4)(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…