RFQ Chapel Consolidation.pdf

REQUEST FOR QUOTE (RFQ)

FA5613-20-R-0007

PLEASE RETURN RFQ NOT LATER THAN: DATE: 08 June 2020 TIME (CEST): 1400 hrs *Late offers will not be accepted*

VIRTUAL PRE-PROPOSAL CONFERENCE: A virtual pre-proposal conference will be held via Zoom on 13 May 2020 at 1400 Central European Summer Time (CEST). Please contact the POCs below for the meeting code & password and submit any questions for the conference via email NLT 11 May 2020.

ACCEPTED FORM OF SUBMISSION: e-mail to Point of Contacts (see below)

POINT OF CONTACT/TECHNICAL REPRESENTATIVE:

Primary POC: SrA Marcus Hicks, Contract Specialist BY TEL: +49-631-536-6664 or mail to: marcus.hicks.2@us.af.mil

Alternate POC: Kelli Phillips, Contracting Officer BY TEL: +49-631-536-5284 or mail to: kelli.phillips.2@us.af.mil

REQUEST FOR INFORMATION (RFI): All questions regarding this RFQ and related documents must be submitted via email NLT 18 May 2020 at 1400 hrs CEST to the POCs above. The government will answer all questions submitted and will post as an amendment to the RFQ. Questions received after this date will not be accepted.

The contractor is required to deliver; install; provide; all items in accordance with:

Performance Based Work Statement (PWS)

DESCRIPTION OF REQUIREMENT: The Contractor shall provide all management, personnel, transportation, supervision, and other items necessary to perform Chapel Support Services as defined in the attached Performance Work Statement (PWS). The contractor is responsible for and required to implement and maintain management control systems necessary to plan, organize, direct and control all tasks and activities under this contract. The contractor shall provide qualified individuals to support chapel services and programs within the Kaiserslautern Military Community, as specified in the PWS. This includes the planning, coordination, and surveillance of the activities necessary to ensure individuals meet and maintain all required qualifications for their respective positions. The contractor shall ensure all individuals understand their respective responsibilities outlined in this PWS.

ATTACHMENTS: Attachment 1) PWS dated 21 Feb 20 Attachment 2) Price Sheet Attachment 3) Past & Present Experience Sheet Attachment 4) Historical Data

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 only the solicitation;

proposals are being requested and a written solicitation will not be issued.

mailto:mail%20to:%20marcus.hicks.2@us.af.mil mailto:mail%20to:%20kelli.phillips.2@us.af.mil

This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-05, DFARS DPN 20190430, and Air Force Acquisition Circular 2019-1001.

There is no set aside for this RFQ and the associated NAICS code is 813110.

There are currently no incumbent NATO status accredited positions with DOCPER.

DELIVERY: DELIVERY / COMPLETION DATE:

PERIOD OF PERFORMANCE:

Base Year: 01 August 2020 – 31 July 2021 Option Year 1: 01 August 2021 – 31 July 2022 Option Year 2: 01 August 2022 – 31 July 2023 Option Year 3: 01 August 2023 – 31 July 2024 Option Year 4: 01 August 2024 – 31 July 2025

PLACE OF PERFORMANCE: Ramstein chapel locations include Northside Chapel (Bldg #1201) and Southside Chapel (Bldg #2403) on Ramstein Air Base, Kapaun Chapel (Bldg #2782) and Kapaun Annex (Bldg#2784) on Kapaun Air Station and Vogelweh Chapel (Bldg#2063) on Vogelweh.

OFFEROR INFORMATION:

DUNS #: CAGE CODE:

SAM REGISTERED: YES NO ORCA REGISTERED: YES NO

WAWF REGISTERED: YES NO

INDIVIDUAL OR COMPANY NAME/ADDRESS:

AUTHORIZED COMPANY POINT OF CONTACT (if applicable):

FULL NAME TITLE SIGNATURE

E-MAIL TEL.

The following clauses and provisions are applicable to this acquisition.

CLAUSES INCORPORATED BY REFERENCE

52.203-6 Alt I Restriction on Subcontractor Sales to the Government (SEPT 2006) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of

Whistleblower Rights (APR 2014) 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements—Representation (JAN 2017) 52.204-7 System for Award Management (OCT 2018)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) 52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-16 Commercial and Government Entity Reporting (JUL 2016) 52.204-18 Commercial and Government Entity Code Maintenance (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications (JUN 2016) 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment (AUG 2019) 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (OCT

2018) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law (FEB 2016) 52.212-1 Instructions to Offerors (MAR 2020) 52.212-4 Contract Terms and Conditions – Commercial Items (JAN 2017) 52.217-5 Evaluation of Options (JULY 1990) 52.222-56 Certification Regarding Trafficking in Persons Compliance Plan (MAR 2015) 52.224-1 Privacy Act Notification (APR 1984) 52.224-2 Privacy Act (APR 1984) 52.224-3 Privacy Training (JAN 2017) 52.223-6 Drug-Free Workplace (MAY 2001) 52.223-10 Waste Reduction Program (MAY 2011) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions

Relating to Iran—Representation and Certifications (OCT 2015) 52.229-6 Taxes-Foreign Fixed-Price Contracts (FEB 2013) 52.232-23 Assignment of Claims (MAY 2014) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (DEC 2013) 52.237-1 Site Visit (APR 1984) 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.246-4 Inspection of Services – Fixed- Price (AUG 1996) 252.203-7000 Requirement Relating to Compensation of Former DoD Officials (SEP 2011) 252.203-7002 Requirements to Inform Employees of Whistleblower Rights (SEP 2013) 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) 252.204-7003 Control of Government Personnel Work Product (APR 1992) 252.204-7004 Antiterrorism Training for Contractors (FEB 2019) 252.204-7006 Billing Instructions (OCT 2005) 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016) 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (OCT 2016) 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support (MAY 2015) 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism (JUN 2019) 252.213-7000 Notice to Prospective Suppliers on Use of Past Performance Information Retrieval System—

Statistical Reporting in Past Performance Evaluations (JUN 2015) 252.222-7002 Compliances with Local Labor Laws (Overseas) (JUN 1997) 252.225-7041 Correspondence in English (JUN 1997) 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States (JUN 2015) 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native

Hawaiian Small Business Concerns (APR 2019) 252.229-7000 Invoices Exclusive of Taxes or Duties (JUN 1997)

252.229-7002 Customs Exemptions (Germany) (Jun 1997) 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUN 2012) 252.232-7008 Assignment of Claims (Overseas) (JUN 1997) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.233-7001 Choice of Law (Overseas) (JUN 1997) 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel (JUN 2013) 252.243-7001 Pricing of Contract Modifications (DEC 1991) 252.243-7002 Requests for Equitable Adjustment (DEC 2012) 252.244-7000 Subcontract for Commercial Items (JUN 2013) 5352.223-9001 Health and Safety on Government Installations (NOV 2012)

CLAUSES INCORPORATED BY FULL TEXT:

ADDENDUM TO FAR 52.212-1

FAR Clause 52.212-1, Instruction to Offerors- Commercial Items (MAR 2020), is hereby tailored in accordance with the following:

(c) is hereby tailored to read as follows: Period for acceptance of offers: The offeror agrees to hold the prices in its offer firm for 120 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(e) is hereby tailored to read as follows: Multiple pricing offers will NOT be accepted.

(f) is hereby tailored to read as follows: Late offers will not be accepted. Offers must be received in the POC’s email inbox NLT the time specified in (b)2 below. No other point of entry may serve as receipt, to include a server. 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.

(b) is hereby tailored to read as follows:

QUOTATION PREPARATION INSTRUCTIONS

1. The Government intends to award a Firm-Fixed-Price (FFP) Requirements contract to satisfy this requirement. This requirement is being solicited as a Request for Quote (RFQ); submission of a quote does not guarantee receipt of an award.

2. In order to be considered for award, all quotes must be received no later than 08 June 2020, 14:00 hrs (CEST). Offers must be sent via e-mail to marcus.hicks.2@us.af.mil and kelli.phillips.2@us.af.mil

3. All quotes must be submitted in English in order to be considered for award.

4. Prices must be without value added tax (Mehrwertsteuer). Offerors shall provide a Firm Fixed Price (FFP) quote in US Dollars (USD); the quote must address any discount payment terms that will be offered.

5. To be awarded a contract with the United States Air Force, and/or the United States Government, all vendors must have a DUNS number, a CAGE code, and be Systems Award Management (SAM)-registered. Information about these services can be found using the resources below:

mailto:marcus.hicks.2@us.af.mil mailto:%20kelli.phillips.2

DUNS number information - http://fedgov.dnb.com/webform SAM registration and information on obtaining a CAGE code -https://www.sam.gov/portal/public/SAM Non- U.S. companies: CAGE code information -http://www.dlis.dla.mil/nato_poc.asp

6. In order to be considered for award, the offeror’s proposal must be compliant with the requirements of this RFQ and the Performance Work Statement (PWS), as well as Government standards and regulations pertaining to the PWS.

7. The quotes shall contain the following:

1) Price Proposal:

(a) The offeror shall submit a monthly unit price and extended amount for each individual Contract Line Item Number (CLIN) and a total proposed price (Base Year plus Four Option Years and six (6) month extension) on Attachment 2: Price List. All proposed prices should be rounded out to two (2) decimal places.

(b) The extended amount must equal the whole dollar unit price multiplied by the number of units. Incomplete pricing may result in a quotation no longer being considered for award. All CLINs need to be proposed on. No partial quotations will be accepted.

(c) All prices shall be submitted in U.S. Dollars (USD).

2) Technical Proposal:

The offeror shall submit a technical proposal, limited to a total of 10 pages, with the following sub-factors:

Sub-factor 1: Past/Present Experience.

The offeror shall submit information pertaining to past/present experience working a requirement of similar scope and complexity as identified in the PWS. Submit this information on Attachment 3: Past/Present Experience Sheet, limited to 2 pages. A minimum of one (1) year of experience is required for this requirement. Experience must have occurred within five (5) years from the date the solicitation was issued.

Sub-factor 2: Management Approach (including approach to staffing).

The offeror shall submit a document, limited to 3 pages, outlining their management approach to satisfy the requirements in the PWS. This document shall outline the plan to fill positions to maintain an adequate workforce for uninterrupted performance of all tasks defined in the PWS and to provide support and assistance to employees in the local area, once positions are filled. The plan shall also clearly outline the hiring process and turn-over process, to include turn-over amongst contractor employees throughout the duration of the contract.

Sub-factor 3: Quality Control Plan (QCP)

The offeror shall submit a Quality Control Plan, limited to 5 pages. The plan shall address how the offeror will ensure the service received is meeting the requirements of the PWS, to include an inspection system, the method to identify and prevent defects in http://fedgov.dnb.com/webform https://www.sam.gov/portal/public/SAM http://www.dlis.dla.mil/nato_poc.asp service, record control and key and lock controls. PWS Section 1.1.3.9, 1.1.3.9.1 –

1.1.3.9.4 addresses specific requirements of the QCP.

(End of Addendum)

52.212-2 Evaluation- Commercial Items (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1) Factor 1 – Price

2) Factor 2 – Technical Acceptability

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

ADDENDUM TO FAR 52.212-2

FAR Clause 52.212-2, Evaluation – Commercial Items (OCT 2014), is hereby tailored in accordance with the following:

(d): Basis for Contract Award: The Government intends to make an award based on Lowest Price, Technically Acceptable (LPTA). Failure to meet the requirements of the instructions in FAR Clause 52.212-1 will result in an offer being deemed unacceptable. All quotes will be evaluated on the Total Evaluated Price (TEP), then ranked from lowest to highest. The two lowest priced quotes will be rated for technical acceptability. If either of the quotes are deemed unacceptable during the evaluation process, the next lowest offeror(s) will be evaluated for technical acceptability. Once two quotes are rated as technically acceptable, the evaluation process will stop, and award will be made to the lowest priced offeror.

The evaluation process will include:

1) Price Evaluation:

The government will rank all offers by TEP, to include all option year prices and the six-month extension authorized by FAR 52.217-8. The TEP will be calculated by multiplying the monthly unit price by the quantity to confirm the extended amount quoted for each CLIN. All extended amounts will then be added together to get to the total price proposed. The total proposed price will then be added together with the sum for the six month extension. The six month extension will be calculated by taking the Extended CLIN amounts for Option Year 4 and multiplying by a factor of 0.5. The total price proposed added with the six month extension price will equal the TEP. The total proposed price will be evaluated for fair and reasonableness IAW FAR 13.103- 3(a).

2) Technical Acceptability:

Offerors will be evaluated on written documentation submitted in accordance with the Addendum to FAR 52.212-1, Instructions to Offerors. Technical acceptability is based on successfully meeting the requirement. The three outlined sub-factors will be rated as “Acceptable” or “Unacceptable” according to Table 1.

Table 1. Technical Ratings

Rating Description

Acceptable Quotation clearly meets the minimum requirements of the solicitation.

Unacceptable Quotation does not clearly meet the minimum requirements of the solicitation.

Offerors must receive an “Acceptable” rating for each sub-factor to receive an overall “Acceptable” rating in the technical evaluation. In the event one or more sub-factors receives an “Unacceptable” rating, the quote will receive an overall “Unacceptable” rating for the technical evaluation.

Sub-Factor 1: Past/Present Experience – the sub-factor is met when the offeror submits information on Attachment 3 that summarizes the offeror’s experience working a requirement of similar scope and complexity as identified in the PWS. A minimum of one (1) year of experience is required. Experience must have occurred within five (5) years from the date the solicitation was issued.

Sub-Factor 2: Management Approach – the sub-factor is met when the offeror submits an approach that outlines the plan to successfully accomplish this requirement, to include the plan to fill positions to maintain an adequate workforce for uninterrupted performance of all tasks defined in the PWS and to provide support and assistance to employees in the local area, once positions are filled The plan shall also clearly outline the hiring process and turn-over process.

Sub-Factor 3: Quality Control Plan – the sub-factor is met when the offeror submits a plan that addresses how the offeror will ensure the service received is meeting the requirements of the PWS, to include an inspection system, the method to identify and prevent defects in service, record control and key and lock controls. PWS Section 1.1.3.9, 1.1.3.9.1 – 1.1.3.9.4 addresses specific requirements of the QCP.

(End of Addendum)

52.212-3 Offeror Representations and Certifications – Commercial Items (MAR 2020)

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.

https://www.sam.gov/

(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;

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_1124452424 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

(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.

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

Small disadvantaged business concern, consistent 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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

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.

http://www.sam.gov/ https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1060550 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121876

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

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

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053372

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)

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

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

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

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

Line Item No. Country of Origin https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053446

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Canadian End Products:

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

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

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

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

Line Item No. Country of Origin

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1053648

(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 $3,500 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 this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-https://www.acquisition.gov/content/part-22-application-labor-laws-government-acquisitions#i1095815

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

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror □ does □ does not certify that–

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

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

and

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

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

(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or…