RFP EOP-APR-22-S-2022.docx

COMBINED SYNOPSIS/SOLICITATION

OAS-COO-S-21-0009

Combined Synopsis/Solicitation

EOP-APR-22-S-2022

IMPORTANT INFORMATION TO INTERESTED VENDORS

(i) INTRODUCTION This is a combined synopsis/solicitation for commercial items prepared in accordance with the format prescribed in Federal Acquisition Regulation (FAR) Subpart 12.6 and FAR Part 13, as supplemented with additional information included in this combined synopsis/solicitation. The Government intends to establish a single award Blanket Purchase Agreement (BPA) as a result of this notice. This notice constitutes the only solicitation; proposals are being requested and a separate written solicitation will not be issued.

Contractors shall examine this entire combined synopsis/solicitation. Failure to do so will be at the contractor’s own risk. The Government may reject any proposal that does not contain all of the requested information, as outlined herein. This combined synopsis/solicitation does not commit the Government to pay any costs incurred by the contractor in preparation and submission of initial, or any subsequent, proposals, or for any other costs incurred prior to award of the BPA. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse contractors for any costs.

(ii) SOLICITATION NUMBER The Government is issuing solicitation EOP-APR-22-S-2022 as a Request for Proposal (RFP).

(iii) FEDERAL ACQUISITION CIRCULAR (FAC) The solicitation and incorporated provisions and clauses are those in effect through FAC 2022-06/5-26-2022.

(iv) SET-ASIDE & NAICS This requirement is being solicited as a local set-aside for business in the National Capitol Region. The associated North American Industrial Classification Standard (NAICS) Code is 541990 - All Other Professional, Scientific, and Technical Services, with a Size Standard of $17,000,000. All contractors responding to the combined synopsis/solicitation shall be registered and active in the System for Award Management (SAM) at the time of proposal submission. NO EXCEPTIONS.

(v) DESCRIPTION OF REQUIREMENT The mission of the Offices of Presidential Correspondence within the Executive Office of the President (EOP) is to listen to and understand constituents’ views, experiences, and ideas, and coordinate a response on behalf of the President. This BPA acquisition will allow the Executive Office of the President (EOP) and its components, including the White House Office and the Office of the Vice President to efficiently and effectively appraise gifts that the EOP components will receive.

(vi) PLACE AND PERIOD OF PERFORMANCE

a. Period of Performance The performance period of this BPA shall be a total of five (5) years (One (1) one-year base period plus four (4) one-year optional periods). The inclusion of any option periods; however, does not obligate the Government to exercise the options.

b. Place of Performance The primary place of performance is located in the Washington, DC area. The majority of work shall take place on-site, at the Executive Offices. However, some work as needed may be performed off-site at the discretion of the COR.

(vii) INSTRUCTIONS TO OFFERORS

FAR 52.212-1, Instructions to Offerors – Commercial Items (Mar 2020), applies to this acquisition. See below.

Submission of Offers This section of the Instructions to Offerors provides general guidance for preparing proposals as well as specific instruction on the format and content of the proposal. The contractor’s proposal must include all data and information requested by the solicitation and must be submitted in accordance with these instructions. The proposal shall be compliant with the requirements as stated in this solicitation. Non-conformance with the instructions provided in this solicitation may result in the removal of the proposal from further evaluation.

1. The Offeror is requested to submit a written proposal in response to this solicitation, the applicable terms and conditions as listed in this solicitation, and associated attachments. Further information on the submission of written price proposals is provided throughout this document.

1. The following administrative requirements apply to your proposal in response to the solicitation. The technical portion of the proposal shall include information regarding the Offeror’s ability to conform to all required terms and conditions in the solicitation. The Offeror’s proposal shall address all aspects of the Statement of Work (SOW), even if not specifically included in an evaluation factor. The technical portion of the proposal shall be submitted as a Microsoft Word 2010 or PDF document. The price proposal spreadsheet shall be a separate document from the technical proposal and shall be submitted in Microsoft Excel 2010 or newer format. All formulas shall remain present in the spreadsheet for verification. Submission of hard-numbered, protected files, or otherwise unworkable excel documents for the price proposal; or submission of PDF files for the price proposal will be deemed non-responsive and may preclude your proposal from further consideration. The Government reserves the right not to consider for award any proposal that does not adhere to the administrative requirements and submission requirements of this solicitation.

1. Submission Requirements:

1. Order Documentation: Volume I

i. Volume Organization: Volume I shall be organized according to the following outline:

Part A – Coversheet Part B – Compliance Statement Part C – Provisions and Clauses Response Part D – Attachment B- Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Part E – Past Performance References/ Questionnaires

ii. Part A – Coversheet: The Offeror’s coversheet for the proposal must contain the name, phone number, and email address of the person to be contacted concerning any matter related to the solicitation. Include the following information in your proposal coversheet:

1. Unique Entity Identifier (UEI), Commercial and Government Entity Code (CAGE), and Taxpayer Identification Number (TIN);

2. Company Name and Mailing Address

3. Date Submitted and Proposal Expiration Date

4. Type of Company (i.e., small business, 8(a), woman-owned, veteran-owned etc.,) as validated via the System for Award Management (SAM).

5. Company Point of Contract, Phone, Email Address

6. Signature of Authorized Company Representative

iii. Part B- Compliance Statement: The Offeror is required to submit and certify that all elements submitted in the proposal comply with the solicitation requirements and any differences, deviations, or exceptions must be stated and explained in this section. Even if there are no differences, deviations, or exceptions, the Offeror must submit the Compliance Statement stating that no differences, deviations, or exceptions exist.

The Offeror shall include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation.

The Offeror shall state in the compliance statement that the proposal is valid for no less than 180 days from the date of submission of the proposal response to the solicitation.

Section 508 Accessibility Standards do apply to this requirement. An Offeror’s proposal shall confirm that the Offeror is compliant with Section 508 standards.

Finally, the Offeror shall identify in their proposal with a compliance statement, whether or not any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) exists for this procurement as described in FAR Subpart 9.5, exists for this procurement. If the Offeror believes that an actual or perceived OCCI does exist on the instant procurement, the Offeror shall submit an OCCI Mitigation Plan with the proposal, explaining in detail, how the OCCI will be mitigated and/or avoided. All contractor personnel providing support under this procurement, will be required to sign a Non-Disclosure Agreement (NDA). However, signed NDA’s may not preclude the need to disqualify the contractor for future acquisition in which an OCI is present, and OCI determinations will need to be conducted on a case-by-case basis for future acquisitions.

Sample: Statement of Compliance: This contractor hereby certifies this proposal is in compliance with the solicitation and its requirements, including the terms, conditions, and provisions included in the solicitation. There are no exceptions, deviations, or differences and the proposal is valid for 180 days from the date of submission.

This contractor hereby certifies that they are compliant with Section 508 standards.

This contractor hereby certifies that no potential or actual OCCI exists as described in FAR Subpart 9.5 for this procurement.

iv. Part C- Provisions and Clauses Response: The Offeror is to provide a completed version of each of the Provisions and Clauses that are identified as Full Text Provisions and Full Text Clauses.

v. Part D-Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction: Complete Boxes in Attachment B.

vi. Part E- Past Performance References and Survey: Past Performance will be reviewed as part of a responsibility determination but will not impact the technical evaluation. If overall past performance is found to be unacceptable, this may be cause for the Offeror’s proposal to be excluded from further evaluation. However, a prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history.

The Government may review sources of information for conducting responsibility determinations. Sources may include, but are not limited to, CPARS, CAGE/ UEI numbers, Federal Awardee Performance and Integrity Information System (FAPIIS), interviews with Contracting Officers, Contracting Officer Representatives (CORs) or other Government or commercial customers and any other known sources.

2. Technical Approach – Volume II:

i. General Information: The Technical Volume shall address your proposed approach to meeting or exceeding the minimum performance or capability requirements of the SOW. You are strongly cautioned that either “cutting and pasting” stated requirements from this SOW into the Technical Volume, or mere restatement of the requirements with assertions will be met as non-responsive. Please also provide a brief description that describe the labor category that is being proposed. The technical approach should clearly describe the approach to fully meet the requirements of the SOW.

3. Subcontracting Plan – Volume III:

0. General Information: Subcontracting Plan- All Offerors (other than Small Business (SB)) are required to submit a Subcontracting Plan, listing percentages of their proposed SB goals. See attachment 3.

4. Price- Volume IV:

i. General Information: The contractor shall ensure that the price proposal includes detailed information regarding the resources required to accomplish the tasks, in accordance with the SOW (e.g., labor category, labor hours, number of employees, labor rates, etc.) The price proposal spreadsheet shall be a separate document from the technical approach. All formulas shall remain present in the spreadsheet for verification. Submission of hard-numbered, protected files, or otherwise unworkable excel documents for the price proposal; or submission of PDF files for the price proposal will be deemed non-responsive and may preclude your proposal from further consideration. The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format. Note that unreasonably high proposed prices, initially, or subsequently may be grounds for eliminating a proposal from competition.

1. File Submission Requirements: All proposals shall be submitted in accordance with the details in this solicitation. The following is how the files shall be submitted:

· Volume I: Shall be sent as one file labeled as follows:

Company Name- Volume I-Part A-E

· Volume II: Shall be sent as one file labeled as follows:

Company Name-Volume II- Technical Factor

· Volume III: Shall be sent as one file labeled as follows:

Company Name-Volume III-Subcontracting Plan

· Volume IV: Shall be sent as one file labeled as follows:

Company Name-Volume III-Price

1. Submit proposal, on or before, Friday, July 01, 2022 at 11:00 a.m. Eastern Time or sooner. Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals by the time specified above. Proposals submitted after the time and date for which proposals are due, will be considered late and will not be evaluated.

5. No terms, conditions, or assumptions from the Offeror will be entertained. If terms, conditions, or assumptions are included in a proposal, the proposal may be excluded on grounds that it failed to comply with the solicitation’s instructions.

6. The Offeror agrees to hold the prices in its proposal firm for 180 calendar days from the date specified for receipt of proposals, unless another time is specified in an amendment to the solicitation.

7. The Offeror shall provide acknowledgment of solicitation amendments, if applicable.

(viii) EVALUATION CRITERIA

Method of Award The Government intends to evaluate offers and award a BPA to the Offeror whose proposal represents the overall best value to the Government using Lowest-Price Technically Acceptable (LPTA) basis. With regard to the best value analysis for the award decision, the evaluation factors and subfactors identified below will be used in the analysis.

The Government intends to evaluate proposals and award a contract without exchanges with Offerors. However, the Government reserves the right to conduct exchanges or seek clarifications if the Contracting Officer determines they are necessary. In the event issues pertaining to a proposed requirement cannot be resolved to the Contracting Officer’s satisfaction, the Government reserves the right to withdraw and cancel the proposed order. In such an event, the Offerors will be notified in writing.

FAR 52.212-2, Evaluation - Commercial Items (Oct 2014), applies to this procurement. See below.

Method of Evaluation Award will be made to the Offeror whose proposal is determined to provide a technically acceptable proposal at the lowest price using an LPTA evaluation process. Proposals will be evaluated with regard to technical compliance and on price submissions. All aspects of the SOW must be addressed for a proposal to be considered for award. The proposal should include all information the Offeror wants the Government to consider and evaluated regarding its company’s ability to conform to all required terms and conditions.

After receipt of proposals, the Government will first evaluate the lowest price proposal. If the lowest price proposal is determined to be technically acceptable and otherwise properly awardable, award will be made to Offeror. The Government reserves the right to evaluate only the lowest price proposal or to conduct further evaluations of additional proposal.

The standards for determining technical acceptability are listed below.

A. Technical Approach Factor – This factor will be evaluated and rated either Acceptable or Unacceptable in accordance with the evaluation table below.

1. Subfactor 1. In order for a proposal to be rated overall Technically Acceptable, the Contractor must demonstrate a gift evaluation/appraisal expertise possessing no less than a Master’s Degree, and extensive experience with no less than three years in working with Federal clients. The Contractor must demonstrate the ability to perform these services/ activities both on-site and off-site and sometimes at short notice.

Evaluation Table-Technical Ratings

2. Subfactor 2 Small Business Subcontracting Plan

A small business subcontracting plan is required (FAR 52.219-9), for Other than U.S. Small Businesses only (i.e., Large Businesses). ONLY OTHER THAN U.S. SMALL BUSINESS CONTRACTORS ARE REQUIRED TO SUBMIT A SUBCONTRACTING PLAN. Contractors are required to submit either an individual subcontracting plan, or an approved commercial plan. The Offeror will also be required to complete and submit the Subcontracting Review Checklist (Attachment 3) by inserting dollar values and percentages from your subcontracting plan as applicable for items 1-2 and also 3-18 by completing the paragraph and page number columns.

The subcontracting plan is the organizations’ business plan for the inclusion of small businesses within their contracting processes. An individual subcontracting plan highlights the general “potential” for subcontracting opportunities within a specific procurement. The awardee has the “life of the contract” to make a “good faith effort” to ensure that the subcontracted dollars will go to small businesses.

Other than U.S. Small Business Contractors (i.e., Large Businesses) must submit a subcontracting plan that meets the requirements of FAR 19.704 and FAR 52.219-9. Subcontracting plans will only be reviewed for acceptability. The subcontracting plan shall be included in the proposal, and the approved subcontracting plan shall be incorporated into the contract.

The Subcontracting Plan will be evaluated on an acceptable/unacceptable basis. The Government will evaluate small business participation and commitment as measured against the Total Acquisition Value (TAV) which is calculated as your total proposed price including the base and each optional period (excluding the six-month option to extend in accordance with FAR 52.217-8. As a part of this evaluation, the Government will consider the contractor’s commitment to use small business:

a. To be acceptable, the Offeror must demonstrate a plan to meet the minimum objectives for the participation of small business firms (including those in socioeconomic categories as defined in FAR Part 19) in terms of the percentage and dollars of the total acquisition value, or the contractor must provide a sufficient justification for its failure to do so.

b. To be acceptable, the contractor must describe the nature of the commitment with each small business, including the subcontract type.

c. To be acceptable, the contractor must describe its use of small businesses in terms of the type and complexity of work to be performed as well as a description of the type of agreements and/or commitments to use small business firms under the contract.

d. To be acceptable, the contractor must explain the specific initiatives and strategies that will be used under the contract to enhance small business utilization and capabilities.

e. To be acceptable, the contractor must demonstrate the proper flow down of requirements, process management, and performance assessments of small business utilization at the first tier.

* If a contractor does not foresee any Subcontracting opportunities, please provide a rational letter.

Evaluation Table-Subcontracting Plan Factor 2 Ratings

B. Price Factor –

i. The Contractor shall provide pricing for the labor according to the pricing template provided in the SOW (Appendix 1). All pricing may be inserted into Appendix 1 and provided as part of your proposal or provided on a Contractor determined document. This section is to assist you in submitting information for other than certified cost and pricing data that is required to evaluate the reasonableness and completeness of your proposed price. The Government will verify that all solicitation requirements have been priced, figures are correctly calculated, and prices are presented in a clear and useful format.

ii. Note that unreasonably high proposed prices, initially, or subsequently may be grounds for eliminating a proposal from competition. The Contractor shall submit a proposal in accordance with the Government provided CLIN structure in Appendix 1.

iii. Price proposals will be evaluated to determine if they are reasonable and complete. Price reasonableness is established through price analysis techniques described in FAR 15.404. For a price to be complete, all solicitation requirements must be priced, figures correctly calculated, and prices presented in a clear and useful format.

iv. Completeness of Pricing Proposal: The Federal Government is exempt from sales tax. If there are any valid applicable taxes, such as the Arizona Half Tax, or Hawaii GET for supplies or services, Contractors must include the costs in their quotation as a separate line item. Such taxes will not be considered or paid unless they are included in the quotation at the time of submission. Price quotations must be complete at the time of submission.

v. Failure to provide complete price data as outlined above and elsewhere in this section may result in the Contractor’s price submission being deemed non-responsible and precluded from further consideration.

(ix) OFFEROR REPRESENTATIONS & CERTIFICATIONS

Include a completed copy of provision FAR 52.212-3, Offeror Representations and Certifications - Commercial Items, with proposal. See below.

FAR 52.212-3 Offeror Representations and Certifications-Commercial Items (FEB 2021)

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

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

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

Forced or indentured child labor means all work or service—

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended."Sensitive technology"— Sensitive technology—

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

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

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

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

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

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

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

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

Small business concern—

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

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

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

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

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

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

(b)

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

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

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

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

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

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

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR124.1002.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(1) Previous contracts and compliance. The offeror represents that-

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

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

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

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

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

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

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

(1)

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

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

(iii) The terms "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

[List as necessary]

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

(g)

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

(i)

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

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act."

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

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

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

Other Foreign End Products:

(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:

Line Item No.

(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:

[List as necessary]

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

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

Canadian or Israeli End Products:

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

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

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

[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:

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

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

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

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

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

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples.

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

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

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

(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…