Adjusted RFP 75N98021R00001.docx

RFP # 75N98021R00001

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation is issued as Request for Proposals, RFP. RFP # 75N98021R00001.

This procurement is 100% small business set-aside under NAICS code 541213 with a standard business size of $22.0 Million dollars. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2021-07, effective September 10, 2021. The National Institutes of Health intends to make a single award for Tax Preparation for nonresident income tax and tax treaty advice.

Question/clarification submittal(s) can be emailed to stevenst@od.nih.gov. No question/clarification submittal(s) will be taken after December 3, 2021 at 11:30 AM eastern time. All future information concerning this acquisition, including solicitation amendments, will be distributed solely through the Beta Sam site. Interested parties are responsible for monitoring this site to ensure you have the most up to date information about this solicitation. No phone inquiries!

The closing date for receipt of quotes is December 15, 2021. Offers shall be submitted to stevenst@od.nih.gov, no later than 11:00 a.m., on December 15, 2021. The offer should be submitted, addressed to this office, showing the solicitation number, business name, point of contact name, and address. Emailed quotes can be sent to the following information: Terita Stevenson, Contracting Officer, Stevenst@od.nih.gov.

Pricing Schedule:

Base Year: Period of Performance: January 12, 2021 through January 11, 2022

$8,835.00

$12,308.00

$3,500.00

Base Year - Total

Option Year One: Period of Performance: January 12, 2022 through January 11, 2023

$2,000.00

$5,000.00

$3,500.00

Option Year One - Total

Option Year Two: Period of Performance: January 12, 2023 through January 11, 2024

$2,000.00

$5,000.00

$3,500.00

Option Year Two - Total

Option Year Three: Period of Performance: January 12, 2024 through January 11, 2025

$2,000.00

$5,000.00

$3,500.00

Option Year Three - Total

Option Year Four: Period of Performance: January 12, 2025 through January 11, 2026

$2,000.00

$5,000.00

$3,500.00

Option Year Four - Total

CLAUSES INCORPORATED BY FULL TEXT: Please note that full text of the Federal Acquisition Regulation (FAR) and Health and Human Services Acquisition Regulations (HHSAR) can be accessed on the Internet at http://www.farsite.hill.af.mil.

In support to the information in FAR 52.212-1 & FAR 52.212-2, prospective contractors shall provide the following:

(1) Dun and Bradstreet Number (note: Contractors must be registered in the System for Award Management (SAM) database prior to award, during performance and through final payment of any contract resulting from this solicitation. Payments will be made using Electronic Funds Transfer (EFT).

(3) At a minimum, two (2) relevant past performance references for the most recently performed contracts in which similar or the same services were performed by the offeror. References shall include the agency or customer name and address, contract number (if applicable), contract period of performance, contract description of services, type and quantity of personnel provided dollar value of contract, and point of contact information (name, phone, facsimile, Internet/e-mail address). Offerors shall be evaluated on performance under the submitted relevant past performances. Offers who have no record of past performance shall be assigned a neutral past performance rating and shall not be penalized if they do not have a past performance record.

THE National Institutes of Health WILL NOT CONSIDER YOUR QUOTE FOR AWARD IF YOU FAIL TO RESPOND TO THESE EVALUATION CRITERIA LISTED BELOW. The National Institutes of Health RESERVES THE RIGHT THE AWARD THIS PROCUREMENT WITHOUT DISCUSSION TO OFFERORS

Statement of Work:

Independently, and not as an agent of the Government, the contractor shall furnish all the necessary services, qualified personnel, materials, equipment, software, and facilities not otherwise provided by the Government, as needed to provide nonresident income tax and tax treaty advice and guidance services for non-resident visiting foreign scientists at the National Institutes of Health.

Background The Division of International Services (DIS)/Program and Employee Services (PES)/Office of Research Services (ORS) at the National Institutes of Health is soliciting proposals for Nonresident Income Tax Advice and Assistance for the NIH Visiting Program. The base period of performance is twelve (12) months, with four additional (12) month options. The anticipated effective date of award is January 1, 2022.

This acquisition is in support of the Division of International Services. The mission of the Division of International Services (DIS) of the National Institutes of Health (NIH) is to provide the highest level of professional guidance and immigration-related services to the NIH intramural community, and to the visiting foreign scientists. DIS also ensures that the NIH maintains compliance with all applicable U.S. immigration laws governing and/or regulating their stay in the United States as set forth by the U.S. Department of Homeland Security, the U.S. Department of State, the U.S. Department of Labor, and other government agencies pertaining to our foreign researchers, scholars, and other staff.

All Visiting Program participants are required to pay U.S. income taxes, unless they are exempted by an income tax treaty between the United States and their country of residence (for tax purposes). Although the tax assessment differs according to stipend/salary level (higher levels are taxed at higher rates), Visiting Program participants can expect to have at least 14 percent of their stipend/salary withheld for federal income tax. All participants, including those exempted from federal taxes, are required to file and possibly pay state income taxes to their state(s) of residence unless the individual is exempted under a tax treaty, recognized by the state(s) of residency (notably, the state of Maryland DOES NOT recognize foreign tax treaties). While in the United States, all foreign nationals must fulfill their tax obligations.

Professional, expert advice on U.S. income taxation matters concerning non-resident international scientists at NIH is available on a limited basis, through a DIS contractor, Office of Research Services, at no cost to the individual. Those for whom the service is offered includes NIH Visiting Program participants, Visiting Fellows, Visiting Scientists (foreign FTEs), Guest Researchers, Special Volunteers, Professional Services Contractors and other nonimmigrant scientists at NIH in an official capacity. Specialized knowledge on nonresident taxation and treaty information that pertains to fellowship income can be inconsistently available in the general community, so providing this information to those who are not familiar with U.S. taxation rules, especially rules different than the domestic population, is an important service to Visiting Program participants.

This contract will be for nonresident income tax and tax treaty guidance services for Visiting Program participants at the National Institutes of Health.

Work to Be Performed

· Present one (1) two-hour tax orientation bi-monthly for newly arrived foreign scientists in Bethesda for a total of six (6) per year commencing in February 2022.

· Provide general, introductory information about U.S. and state tax obligations applicable to nonresident foreign nationals at the NIH, discussing who is a resident and nonresident for tax purposes

· Provide an overview of how to complete Maryland 502-D or similar forms for estimated quarterly payments of state taxes

· Remote access to workshops will be offered

· Question and answer session must be included

· Contractor shall take attendance in the form of a list of names of attendees and provide this list to the Project Officer

· Contractor shall distribute, assure completion of, and collect evaluation forms provided by and returned to the Project Officer

· Contractor shall advise Project Officer of changes to dates and times of seminars at least two weeks in advance

· In unforeseen situations such as extreme illness or power outages, the Contractor shall contact the Project Officer as early as possible to advise of rescheduling

· Annually prepare, revise and update as necessary the existing “Income Tax Handbook for Visiting Foreign Scientists at the National Institutes of Health”

· Handbook should be sectioned to address tax issues of different categories of foreign scientists at the NIH

· Visiting Fellows/grant recipients

· Full-time employees (FTEs)

· Professional Services Contractors

· Special Volunteers/Guest Researchers/Exchange Scientists

· Shall include an explanation of necessary/relevant Federal and MD, DC, VA, MT, NC, and AZ state tax forms and provide samples of completed MD 502D Personal Declaration of Estimated Tax forms

· One sample shall specifically address how short-term visitors reimbursed for per diem and travel expenses should file a tax return

· Shall include information on filing the 8843 for those who do not earn U.S. Source income

· Shall include Sailing Permit information for those departing the U.S. and possibly eligible for part year residence status.

· Initial delivery shall be prior to February 20, 2022

· Necessary revisions for rules and forms pertaining to the 2021 filing year shall occur prior to January 31, 2022

· Draft copy shall be provided to Project Officer for review prior to final production

· 508 compliant electronic version shall be provided to Project Officer for placement on the DIS web page

· All questions will be filtered through the Project Officer or the backup Project Officer.

· Provide expert opinion to the DIS Project Officer on the applicability of foreign income tax treaties to determine whether the NIH should or should not withhold federal taxes from fellowship income and/or wage recipients

· Update DIS when tax treaties change

· Conduct a review of the specific language in the treaty articles to determine whether stipend income or wages from a governmental organization are included

· As necessary, provide DIS Project Officer and DIS Staff with written guidance on latest changes in U.S. Tax Code, tax treaties (including copies), eligibility for tax treaty withholding, and any other tax-related issue affecting foreign scientists

· Where tax treaty issues are involved, guidance should take into account that NIH must be protected from under withholding

· Must address implementation issues along with tax opinions

· Provide up to 20 hours per year of consultation to ORS/DIS on tax issues raised by DIS staff

· Will also include tax queries that the Project Officer receives from DIS staff and forwards to the contractor

· Will evaluate treaty eligibility based on the treaty questionnaire, created by the Contractor, for unique treaty eligibility questions.

· Will assist in updating the treaty questionnaire annually to capture information needed.

· Contractor shall provide annual tax return guidance to the nonresident program participants.

· Two (2) 2.5-hour Nonresident Tax Preparation Workshops within the month proceeding April 15th

· Conducted remotely and focusing on federal taxation and general issues to consider when filing state taxes

· Specific emphasis on preparation of Federal and State income tax forms in advance of the required IRS filing deadline

· Includes examples for appropriate completion of federal and/or state tax forms, and with information about viable tax software programs for nonresident taxpayers

· Tax Preparation Guide draft shall include tax treaty examples for nonresident and resident taxpayers earning both fellowship and wage income.

· Tax preparation Guide non-treaty examples only for nonresident taxpayers

· Tax Preparation Guide information on transitioning from nonresident to resident taxpayer with part-year resident examples

· Question and answer session must be included Reporting Requirements

· Monthly written report of services including:

· Detailed invoice

· Names and number of attendees at workshops or seminars

· Completed evaluation forms Period of Performance

The period of performance of this contract shall include a Base Year, plus 4 Option Years. The estimated start date of the performance is January 1, 2022 through December 31, 2027 Deliverables Satisfactory performance of the final contract shall be deemed to occur upon performance of the work described and upon delivery and acceptance by the duly authorized representative, of the following items/services in accordance with the stated delivery schedule:

Prior to February 28, 2022

DELIVERY POINT

Documents may be delivered electronically through SEFT for larger file size or personally identifiable information and may otherwise be sent by e-mail for smaller or non-sensitive information.

Any physical mail deliveries can be sent to:

National Institutes of Health Building 31, Room B2B07, MSC 2028 Bethesda, Maryland 20892 Unless otherwise specified, deliveries shall be made to the Delivery Point specified above Mondays through Fridays (excluding Federal Holidays) between the hours of 8:30 am and 4:30 pm ET only. Supplies or services scheduled for delivery on a Saturday, Sunday or Federal holiday shall be made the following business day.

CONTRACTING OFFICER’S REPRESENTATIVE

The following Contracting Officer(s) Representative will represent the Government for the purpose of this contract:

Cynthia Tasaki The Project Officer is responsible for: (1) monitoring the Contractor’s technical progress, including the surveillance and assessment of performance and recommending to the Contracting Officer changes in requirements; (2) interpreting the statement of work and any other technical performance requirements; (3) performing technical evaluation as required; (4) performing technical inspections and acceptances required by this contract; and (5) assisting in the resolution of technical problems encountered during performance.

The Contracting Officer is the only person with authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to: (1) direct or negotiate any changes in the statement of work; (2) modify or extend the period of performance; (3) change the delivery schedule; (4) authorize reimbursement to the Contractor any costs incurred during the performance of this contract; or (5) otherwise change any terms and conditions of this contract.

The Government may unilaterally change its Project Officer designation.

KEY PERSONNEL

The personnel specified in this contract are considered to be essential to the work to be performed hereunder. Prior to diverting any of the specified individuals to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this article. The contract may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

The individual substituting must have equal experience to the primary key personnel. A supervised substitute should have sufficient proficiencies in nonresident taxation and tax treaty issues.

The following individuals are considered to be essential to the work being performed hereunder:

NAME TITLE

[To be specified prior to award]

TECHNICAL EVALUATION CRITERIA

GENERAL

The major evaluation factors for this solicitation include technical (which encompasses experience, technical approach, corporate and human resources, quality control and past performance factors) and cost/price factors. Although technical factors are of paramount consideration in the award of the contract, cost/price is also important to the overall contract award decision. All evaluation factors other than cost or price, when combined, are significantly more important than cost or price. In any case, the Government reserves the right to make award(s) to that offeror whose proposal provides the best overall value to the Government.

Offerors are advised that award will be made to that offeror whose proposal provides the combination of features that offers the best or greatest overall value to the Government. The Government is more concerned with obtaining performance capability superiority rather than lowest overall cost. However, the Government will not make an award at a significantly higher overall cost to the Government to achieve only slightly superior performance. Overall cost to the Government may become the ultimate factor for award of a contract as proposals become more equal based on other factors.

The evaluation will be based on the demonstrated capabilities of the prospective Contractors in relation to the needs of the project as set forth in the RFP. The merits of each proposal will be evaluated carefully. Each proposal must document the feasibility of successful implementation of requirements of the RFP. Offerors must submit information sufficient to evaluate their proposals based on the detailed criteria below.

MANDATORY CRITERIA

Below are mandatory criteria that will have to be met prior to award of the contract:

1) Contractor must demonstrate thorough and current knowledge and experience of the following tax concepts:

· Tax issues as they concern foreign individuals in immigration classifications including (but not limited to) J-1 Exchange Visitor,F-1 Student, H- 1B Temporary Worker, O-1 Alien of Extraordinary Ability, TN (Trade NAFTA) status holders, as well as B-1 and WB Visitors for Business.

· IRS forms including the W-2, 1040NR, 1042-S, 1099, 2106, 3903, 8843, and W-8 BEN.

· The IRS Substantial Presence Test

· World-wide income

· Part-year resident taxation

· Tax treaties and be able to correctly determine the eligibility/ineligibility of foreign individuals at NIH for those treaties based on sources of funding.

· MD forms 502 and 502D, the DC form D-40ES, and the VA form 760ES Domestic tax regulations are complicated; nonresident tax regulations are equally complicated, but completely different.

2) Experience presenting to foreign scientists on nonresident tax matters and tax treaties in a manner that simplifies complicated topics while maintaining accuracy. Prior experience working with federal government agencies, research institutions or universities with a sizable foreign scientist population is also advantageous.

3) Experience creating written guidance to foreign clients in a simple, clear and organized manner.

Ability to properly distinguish between nonresidents for tax purposes and non-immigrants for immigration purposes and understand how the two interact.

TECHNICAL EVALUATION CRITERIA

The criteria below are listed in the relative order of importance.

1. Key Personnel and Personnel Management Primary/Lead contractor selected must have staff with at least 5 years of experience with nonresident taxation either at a university or research organization, private nonresident tax preparation or consultation firm, or nonresident tax software vendor. Proof of this experience must be shown upon request. C.V. of personnel assigned to be provided with this solicitation. This proof may include, but is not limited to: redacted 1040NR or 1040NR EZ forms, signed by the professional preparer, printed or online programs announcing the professional nonresident tax presentation to audiences, sample printed or online instructions or handbook to clients.

If the selected contractor has additional staff working on the contract, each individual must have demonstrated nonresident tax expertise, professional presentation experience, and must be well-versed with nonresident taxation and nonresident tax software programs.

2. Transition Plan The current Nonresident Tax Contract ends on 01/10/2022 and we would like the new contract to begin on 01/11/2022*. The first task (due no later than 01/15/2022) would be to begin the first of six semi-monthly tax orientations to foreign scientists who are new to the U.S. and/or NIH. The second task (due no later than 01/15/2022) would be to develop the “Tax Handbook,” which is a reference to the U.S. and State Tax Systems, posted on the DIS Intranet. By the end of February 2022, the contractor should provide the “Tax Preparation Guide” to DIS for the intranet website. Between mid-March and mid-April 2022, the contractor is to provide two “Tax Preparation Workshops” to the NIH foreign community. Throughout the year, the contractor shall provide guidance on complicated tax matters to DIS staff and brief the DIS staff about changes or highlights in nonresident tax issues on at least an annual basis. *Estimated date, possible to change. Ideally the contract will start on 1/1/2022, but no later than 01/11/2022 so that our tax services do not lapse at the critical beginning of the tax season.

3. Corporate Experience and Capabilities Contractors must demonstrate experience in working with foreign salaried employees, foreign contractors and grant/stipend recipients.

Experience presenting to foreign scientists on nonresident tax matters and tax treaties in a manner that simplifies complicated topics while maintaining accuracy.

Nonresident tax software capability with the contract is preferred.

4. General Technical Approach Ability to provide written guidance to foreign clients in a simple, clear and organized manner.

Ability to properly distinguish between nonresidents for tax purposes and non-immigrants for immigration purposes and understand how the two interact.

5. Quality Assurance

Contractor must demonstrate how they will evaluate the adequacy and quality of their performance.

Qualified contract staff must have sufficient time during tax season to address nonresident and tax treaty questions within 5 business days of receipt.

ADJECTIVAL RATING

The Government will evaluate the Technical Proposal using the following adjectival rating.

PAST PERFORMANCE

The Past Performance Factor evaluation will assess the relevance and breadth of the Offeror’s experience and the quality of the Offeror’s past performance. The Government is seeking to determine whether the Offeror has experience that will enhance its technical capability to perform and whether the Offeror consistently delivers quality services in a timely and cost-effective manner. In evaluating past performance, HHS/NIH will only take into consideration the relevant experience and past performance assessments from the Offeror's customers. However, the HHS/NIH reserves the right to use other relevant past performance information it obtains through other sources including other agency databases.

Relevance of Experience: The Offeror’s experience will be evaluated on the degree of relevance to the requirement on the basis of similarity in size, scope, complexity, technical difficulty, contract type, and period of performance. Only recent experience will be evaluated. Evaluations may include interviews with previous clients of the prime contractor and subcontractors and may include interviews with previous clients of proposed personnel. The Offeror’s experience with and knowledge of issues and problems of large organizations will be evaluated.

Past Performance Assessments: The Offeror’s past performance will be evaluated on the basis of information contained in the Offeror's proposal and the information that the Government obtains through other means. The past performance evaluation will assess the Offeror’s record of providing high quality services of a similar nature in a manner that ensures maximum accuracy, cost effectiveness and overall client satisfaction.

If some of the Offeror’s experience is relevant and the rest is not, only the relevant experience will be evaluated for purposes of past performance. If no experience is relevant or the experience that is relevant cannot be evaluated due to a reference’s failure to respond, a rating of neutral will be assigned for past performance as defined below.

The Government will evaluate the Past Performance Factor using the following adjectival ratings.

COST/PRICE FACTORS

Offeror(s) cost/price proposal will be evaluated for reasonableness. For a price to be reasonable, it must represent a price to the government that a prudent person would pay when consideration is given to prices in the market. Normally, price reasonableness is established through adequate price competition, but may also be determined through cost and price analysis techniques as described in FAR 15.404. The Offeror shall submit firm fixed prices for all items listed in Section B (including options).

EVALUATION OF OPTIONS

It is anticipated that any contract awarded from this solicitation will contain option provision(s) and periods(s) In accordance with FAR clause 52.217-5 Evaluation of Options, (July 1990) the Government will evaluate offers for award purposes by addition the total price for all options to the total price of the basic requirement, except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests. Evaluation of options will not obligate the Government to exercise the option(s)

SELECTION FOR AWARD

Offeror should be aware that the Government shall perform a “best value analysis”, using the trade-off process. The selection for award shall be made to the Offeror whose proposal is most advantageous to the Government, taking into consideration the technical factors listed above and the total proposed price across all contract periods.

Attachments:

SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS

Update per FAC 2021-03 Last updated: 02/2021

To Be Completed by the Offeror: This document must be completed and included as part of your Business Proposal. By submission of its signed offer, the offeror makes the following Representations and Certifications:

1. ANNUAL REPRESENTATIONS AND CERTIFICATIONS (Mar 2020), FAR Provision 52.204-8

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is__________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

(i) □ Paragraph (d) applies.

(ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless–

(A) The acquisition is to be made under the simplified acquisition procedures in part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(x) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.

(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xvi) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.

(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.] __ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.204-20, Predecessor of Offeror.

__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.

__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).

__ (vii) 52.227-6, Royalty Information.

__ (A) Basic.

__ (B) Alternate I.

__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov. After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.

FAR Clause # Title Date Change

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

(End of provision)

Alternate I (MAR 2020). As prescribed in 4.1202(a), substitute the following paragraph (a) for paragraph (a) of the basic provision:

(a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation:

[Contracting Officer to insert NAICS codes and size standards].

(2) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture (i.e., nonmanufacturer), is 500 employees.

(End of provision)

52.212-1 INSTRUCTIONS TO OFFERORS-COMMERCIAL ITEMS (Jul 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2) (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by…