Solicitation__PBGC01-RP-15-0038.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 29 PBGC01-RP-15-0038

Request for Proposal

Reference # PBGC01-RP-15-0038

Media Monitoring Services

For Information Contact:

Mark Miller, Contracting Officer miller.mark@pbgc.gov

Alternate Contact:

Patrick Mcfarlane, Sr. Contract Specialist McFarlane.patrick@pbgc.gov

Proposal Submission Due Date/Time:

Submit Technical and Price proposal via email no later than September 11, 2015 by 11:00 AM EST to Miller.Mark@pbgc.gov and Mcfarlane.Patrick@pbgc.gov

Questions:

Any questions regarding this RFP shall be submitted to Mark Miller and Patrick Mcfarlane by email no later than September 1, 2015 by 10:00 AM EST.

The item(s)below are used for PBGC internal funding purposes only. The official Contract Line Item Number (CLIN) schedule follows in the Pricing Schedule herein.

The Contractor shall invoice in accordance with the official CLIN schedule and with clause PBGC-32-004

Contract Type:

The Government intends to award a firm fixed price contract

0001 See Section 1 Pricing Schedule.

Base Period:

The Contractor shall provide news gathering service for the production of the daily news clips and other special reports in accordance with the attached Statement of Work (SOW).

Period of Performance: 09/24/2015 to 09/23/2016

0.00 EA

Option Period 1

OPT

1001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports in accordance with the attached Statement of Work (SOW).

Period of Performance: 09/24/2016 to 09/23/2017

Option Period 2

2001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports in accordance with the attached Statement of Work (SOW).

Period of Performance: 09/24/2017 to 09/23/2018

Option Period 3

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 4 OF 29 PBGC01-RP-15-0038

3001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports in accordance with the attached Statement of Work (SOW).

Period of Performance: 09/24/2018 to 09/23/2019

Option Period 4

4001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports in accordance with the attached Statement of Work (SOW).

Period of Performance: 09/24/2019 to 09/23/2020

Table of Contents

PAGE 5 OF 29 PBGC01-RP-15-0038

SECTION

. 1 Pricing Schedule

. 2 Statement of Work

. 3 Instructions to Offerors

. 4 Evaluation Factors for Award

. 5 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

. 6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 7 52.247-34 F.O.B. DESTINATION (NOV 1991)

. 8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

. 9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (MAY 2015)

. 10 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 11 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 12 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 13 PBGC-09-001 RESTRICTIONS AGAINST DISCLOSURE OF INFORMATION (JAN 2012)

. 14 PBGC-11 004 PACKAGING AND MARKING (JAN 2012)

. 15 PBGC-32-004 SUBMISSION OF INVOICES (JAN 2012)

. 16 PBGC-42-001 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

. 17 PBGC-46-001 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

PAGE 6 OF 29 PBGC01-RP-15-0038

SECTION

. 1 Pricing Schedule

PRICING SCHEDULE

The Contractor shall provide a Firm Fixed Price (FFP) for CLINS 0001-4001. The Contractor shall invoice monthly in arrears.

Period of Performance (Base Year): September 24 2015- September 23, 2016

Item No. Description QTY Unit Unit Price Amount

0001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports in accordance with the attached Statement of Work (SOW).

12 MO

Total Fixed Price $

Period of Performance (Option Year 1): September 24 2016- September 23, 2017

1001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports

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Period of Performance (Option Year 2): September 24 2017- September 23, 2018

Item No. Description QTY Unit Unit Price Amount

2001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports

Period of Performance (Option Year 3) September 24 2018- September 23, 2019

3001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports

PAGE 8 OF 29 PBGC01-RP-15-0038

Period of Performance (Option Year 4): September 24 2019- September 23, 2020

4001 The Contractor shall provide news gathering service for the production of the daily news clips and other special reports

Total Amount Base and Options $

PAGE 9 OF 29 PBGC01-RP-15-0038

. 2 Statement of Work

Statement of Work Media Monitoring Services

Background The Pension Benefit Guaranty Corporation protects the pension benefits of more than 41 million Americans in private‐sector pension plans. The agency is responsible for more than 1.5 million people in failed pension plans. PBGC receives no taxpayer dollars and never has. Its operations are financed by insurance premiums, investment income, and with assets and recoveries from failed plans.

The Communications, Outreach and Legislative Affairs Department, also known as COLA, is responsible for organizing, directing, and implementing a comprehensive external and internal communications program to enhance the knowledge and understanding of PBGC’s mission, programs and services by the various publics it serves. Stakeholders include participants, the pension community (practitioners, plan sponsors, plan administrators), Congress, and closely allied groups and organizations.

Scope This contract will help PBGC, the agency’s Board, and Advisory Committee stay informed about news, social media sentiment and events that impact PBGC, such as the assumption of pension plans. The contract will also help PBGC keep abreast of issues that affect traditional pensions such as benefit transfer agreements to private insurance companies. Additionally, the expanse of news coverage will also inform the agency about news, social media sentiment and events that impact retirement security like the financial condition of public plans, reports on the funded status of all defined benefit plans, and emerging trends on plan design.

Specific Tasks At minimum, the Contractor should have the capability to do the following:

--Provide daily news clips report (Monday-Friday) that provides coverage on PBGC and issues that are relevant to the agency’s various departments. Such issues include pensions and retirement, corporate bankruptcies, public pensions, and multiemployer pension plans.

--It’s expected that coverage would include monitoring the nation’s 100 largest newspapers, major network news stations, cable outlets, and online publications.

--Provide analysis of PBGC-specific coverage in terms of negative versus positive news stories.

--Provide coverage and detailed analysis of social media impact on PBGC generated news as well as relevant retirement, legislation and policy topics.

--Provider is expected to be flexible enough to shift areas of interest as the need arises and focus

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news coverage accordingly.

--At times provider will be expected to generate news reports that are issue-specific such as coverage of the agency’s annual report.

Deliverables and Delivery Schedule The Contractor is expected to deliver a news clips report each morning (Monday-Friday) to COLA representatives. The Contractor should also be able to deliver upon request special reports on issue specific events such as the publication of the agency’s Projections Report or Annual Report. PBGC anticipates the Contractor shall deliver approximately 365 reports.

The Offeror shall identify one Point of Contact (POC) who will serve as the COR’s POC throughout the duration of the contract. If the POC changes at any point throughout the contract; the Offeror shall notify the COR in a timely manner.

Place of Performance All media monitoring services will be performed at the contractor’s place of business.

Period of Performance The Period of Performance shall be one (1) twelve (12) month base period and four (4) twelve

(12) month option periods. The anticipated period of performance is as follows:

Base Year: September 24, 2015 – September 23, 2016

Option Year (1): September 24, 2016 – September 23, 2017

Option Year (2): September 24, 2017 – September 23, 2018

Option Year (3): September 24, 2018 – September 23, 2019

Option Year (4): September 24, 2019 – September 23, 2020

PAGE 11 OF 29 PBGC01-RP-15-0038

. 3 Instructions to Offerors

INSTRUCTIONS TO OFFERORS

1. PBGC-09-002 Responsibility

This contract shall be awarded only to a responsible prospective Contractor. To be determined responsible, a prospective Contractor must:

Have adequate financial resources to perform the contract, or have the ability to obtain them;

(a) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(b) Have a satisfactory performance record;

(c) Have a satisfactory record of integrity and business ethics;

(d) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, and quality control measures applicable to materials to be produced or services to be performed by the prospective Contractor and Subcontractors;

(e) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(f) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2. Proposal Due Date/Time. The Contracting Officer shall receive proposals by email. Submit one electronic copy of the written proposal no later than September 11, 2015 by 11:00 a.m. EST via email to miller.mark@pbgc.gov and mcfarlane.patrick@pbgc.gov

3. Questions Concerning the RFP

(a) All questions concerning this RFP must be submitted in writing to the Contracting Officer, for information about any aspect of the RFP. Prospective offerors are warned against contacting any PBGC personnel outside the Procurement Department prior to award of a contract resulting from this RFP. If such a contact occurs and is found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

(b) Questions will be submitted by email to miller.mark@pbgc.gov and mcfarlane.patrick@pbgc.gov. Answers to inquiries/questions will be provided to all vendors being solicited, giving due regard to the proper protection of proprietary information.

(c) No information concerning this RFP will be provided in response to telephone calls.

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(d) Prospective offerors are asked to submit their questions grouped by RFP section and making reference to the particular paragraph. Questions must be submitted no later than September 1, 2015 by 10:00 a.m. EST. Any questions received after that may not be answered before the RFP closing date.

The Government is not liable for any costs incurred by any offerors in preparing or submitting proposals in response to this RFP.

4. General Instructions

Proposal shall be submitted in two separate pats as further described below: Part I – Technical Proposal and Part II – Price Proposal.

Each Part shall use the specific format below. These directions assist in providing a fair and equitable evaluation of all quotations. The Government may determine those quotations not following the directions as unacceptable and may reject such offers from further consideration.

Technical Proposal (Part I) shall not exceed ten (20) pages in length.

Price Proposal (Part II) shall not exceed three (10) pages in length.

The Technical Proposal and the Price Proposal shall be submitted using the following format:

8.5 by 11 inch paper

10 pitch print or larger, Arial or Times New Roman style font

1.25 inch left hand margin, .75 inch right hand margin and 1 inch margins at both the top and bottom for each page all pages single spaced every page sequentially numbered; and page numbers shall be centered in the bottom margin.

Part I - Technical Proposal

The offeror’s written technical proposal will be evaluated using the following technical evaluation factors:

Factor 1 – Capability Statement

Contractor’s proposal shall fully address the evaluation factor in its written technical proposal as stated in the technical evaluation factors for award.

Factor 2 – Past Performance

The offeror shall provide evidence of the offeror’s (i.e., firm’s or organization’s) past performance and experience in performing the work and/or providing the deliverables required by the RFP, including meeting delivery dates and schedules the same as, or substantially similar

PAGE 13 OF 29 PBGC01-RP-15-0038

to, that required by the RFP. The contract should be at a minimum similar in size and scope.

The Government will accept past performance submissions of ongoing and/or completed work.

The offeror shall provide three references as follows: the names and telephone numbers of contact persons from previous customers who can provide information regarding the performance of the offeror’s firm during the last three years on work of a similar nature to that described in the Statement of Work. Include the dollar amount and length of contract for each contract referenced. If the offeror submits more than three references, the Government will accept the first three received in chronological order.

Part II- Price Proposal

The price proposal shall utilize the price table provided and include the following information:

• Offeror shall use the provided price table to record the Price proposal.

• Authorized Individuals. Provide the name, title, telephone number, fax number and email address for the individual designated as the central point of contact for this RFP.

• Assumptions. Describe any assumptions used to develop the proposed prices.

• Include a statement that no exceptions have been taken to the RFP. If any exceptions have been taken, they must clearly be listed on the cover page in the price proposal.

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. 4 Evaluation Factors for Award

EVALUATION FACTORS FOR AWARD

AWARD DECISION

Award will be made to the lowest priced technically acceptable offeror, meeting the acceptability standards for non-cost factors. The following factors shall be addressed and will be rated as either acceptable or unacceptable. The vendor must receive an acceptable for each factor in order to receive award. The contractor is urged to examine this RFP in its entirety and to ensure that its proposal contains all necessary information. The evaluation factors are listed below.

A. TECHNICAL EVALUATION FACTORS

Proposals will be evaluated in accordance with the following evaluation factors as they relate to the requirements in the SOW.

Award will be based on the following evaluation factors:

Factor 1. Capability Statement. The offeror must addresses the following:

• A comprehensive statement addressing the offeror’s breadth of experience and capacity to perform the required services as described in Statement of Work.

• Contractor must provide proof of its status as a copyright holder of a News Gathering Service. Proof of Copyright status must be submitted in Memo format and submitted as part of the technical proposal.

Factor 2 - Past Performance

The offeror shall provide evidence (firm’s or organization’s) of past performance in performing Media Monitoring Services, including meeting delivery dates and schedules the same as or substantially similar to, that required by this solicitation. The period of past performance shall not go back further than 3 years and both current and past projects shall be considered.

The offeror must provide evidence of past performance as measured by the following:

1. Quality of products and services as well as technical support provided, to include attitude and quality of personnel;

2. Cost control;

3. Timeliness of performance;

4. Business relations, to include problem responsiveness; and,

5. Customer satisfaction.

PBGC reserves the right to use past performance data from PPIRS in the assessment.

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B. PRICE

Price will be evaluated to determine whether it is reasonable and if it reflects the Offeror understanding of the work. The contractor shall provide a proposal which reflects the quantity for each Item Number, for the base year and the option year.

PAGE 16 OF 29 PBGC01-RP-15-0038

. 5 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)

(Reference 52.212-1)

. 6 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

. 7 52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

. 8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

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

Forced or indentured child labor means all work or service--

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

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

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

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology--

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

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

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

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

Service-disabled veteran-owned small business concern--

(1) Means a small business concern--

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

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

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

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

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

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned--

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

Veteran-owned small business concern means a small business concern--

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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

Women-owned business concern means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b)

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

(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website at http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to

PAGE 18 OF 29 PBGC01-RP-15-0038

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 (p) 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. 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. 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. The offeror representsthat it |_| is, |_| is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. The offeror represents that it |_| is, |_| is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. 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. 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). 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. 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 ofExecutive 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--

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

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

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

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

(2) Foreign End Products:

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

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

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, 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

PAGE 20 OF 29 PBGC01-RP-15-0038

[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 thissolicitation, 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 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 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

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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 $3,000 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. section 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. section 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. section 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. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. section 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126).

(1) Listed end products.

Listed End Product Country of Origin

(2) Certification.

|_| (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

|_| (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract.

On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly--

(1) |_| In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) |_| Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards.

(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1).

The offeror |_| does |_| does not certify that--

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an

PAGE 22 OF 29 PBGC01-RP-15-0038

exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) Certain services as described in FAR 22.1003-4(d)(1). The offeror |_| does |_| does not certify that--

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

(iv) The compensation (wage and fringe benefits) plan for all service employees performing work…