Sol_RFQ-CA-15-00012.pdf

RFQ-CA-15-00012

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

05/07/2015 PR-R9-15-00076

1 32

US Environmental Protection Agency 75 Hawthorne Street San Francisco CA 94105

Region 9 365 Days After Award

Region 9

US Environmental Protection Agency 75 Hawthorne Street

San Francisco

CA 94105

415 972-3933Autumn Roe

06/08/2015 1530 PT

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

Title: EPA R9 Solar Aggregation Project

Contractors submitting a quote shall complete all relevant sections on this form and include it with their quote.

0001 The purpose of this solicitation is to provide 1 LS support to the EPA with the development and implementation of a streamlined solar aggregation project process, building from successful components of past efforts and focused on quicker, higher impact projects, that can be developed with relatively low resource investments. The purchase order shall garner technical, administrative, and contractual Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 32

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

RFQ-CA-15-00012

support to effectively increase solar procurement by the aggregation of potential solar customers, and facilitate the development of electric vehicle charging infrastructures that can be combined with the solar projects. See attached SOW for details.

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Request for Quotation (RFQ): RFQ-CA-15-00012

Title: Community Solar Aggregation Project, EPA Region 9

This is a Small Business Set-Aside

A. Background

The U.S. Environmental Protection Agency’s (EPA) Region 9 is seeking businesses interested in submitting a quote for a Purchase Order (PO) to complete the development and implementation of a streamlined solar aggregation project process, building from successful components of past efforts and focused on quicker, higher impact projects, that can be developed with relatively low resource in accordance with the attached Statement of Work (SOW) (Attachment A).

B. RFQ Instructions

Contractors interested in responding to this Request for Quotations (RFQ) shall submit a written response including a work plan and cost/price. The written quote must consist of the evaluation factors listed below. Quotes are due by 3:30pm PST, Monday, June 8, 2015 and must be submitted through

FedConnect.

C. Evaluation Criteria

EPA will review responses to the RFQ on a best value basis. For the purposes of this RFQ, the term “best value” means the expected outcome that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. The Government will make an award to the offeror whose quote conforms to the SOW and is perceived to be the most advantageous to the Government, price along with other factors considered.

Evaluation factors are listed in descending order of importance, and when combined, all evaluation factors other than cost/price are approximately equally as important as cost/price.

1. Work Plan Outline: This section is not to exceed four (4) 2-sided pages (8 pages total). The contractor shall provide a clear description of how the tasks in the SOW will be accomplished.

The work plan will include a schedule of milestones and deliverables.

2. Contractor Qualifications: This section is not to exceed five (5) 2-sided pages (10 pages total).

EPA will consider the offeror’s ability to meet the requirements of the SOW, including a clear understanding of the objectives and how to prepare and execute solar aggregation projects and electrical vehicle charging infrastructure projects. The offeror is expected to demonstrate the knowledge and experience needed to successfully fulfil this requirement, including the following sub factors:

• Past Experience Performing Similar Work: This Includes U.S. EPA and non-U.S. EPA related experience in supporting voluntary climate protection industry-government partnerships. Past experience should be within the past 3 years. Past experience may include, contracting experience, industry consulting experience, and experience with solar aggregation projects.

• Personnel: Each proposal shall specify the staffing for each task, indicating their availability, technical expertise, and relevant past experience. Contractors will be evaluated on the past experience and technical expertise of the proposed staff.

Contractors will also be evaluated as to whether or not the number of personnel available is adequate to conduct multiple tasks concurrently as indicated in the statement of work. Contractors are to provide resumes for key personnel. Resumes will not be counted towards the page count requirement. Proposal should also specify if the contractor is planning to use subcontractors and their approach for doing so.

• Knowledge of Geographical Location: Contractor should have a familiarity with renewable energy goals, priorities and the regulatory environment in California. It is highly preferable that the contractor have a local presence in California. Contractor should state experience and relevance in regards to the California renewable energy landscape.

3. Past Performance: Contractor shall be evaluated on past performance on prior similar efforts, as specified in the SOW, that were performed in the past five years. Contractors are to provide no more than three separate references linked to the past experience stated above.

Each example of past performance shall include:

• Contract Number (if applicable)

• Contract Description/Description of Project

• Contract/Project amount and type of contract (if applicable)

• Period of performance

• Name, email and telephone number of the customer. If contract was a government order, please provide the name and telephone number of the

Contracting Officer and the Contracting Officer’s Representative (COR). If contract was commercial, provide the technical and contracting equivalent.

4. Cost/Price: Contractors will be evaluated on the reasonableness of proposed costs as they relate to their technical approach. This includes proposed labor categories, hours and rates as well as other direct costs (ODCs). Contractor shall submit an itemized cost proposal broken out by task. Cost/Price will be reviewed on price reasonableness and best value basis.

D. Period of Performance This order shall be for a total of 12 months from the date of award through project completion.

E. Place of Performance Potential stakeholders are located in California.

F. Order Type This order will be a firm-fixed-price purchase order.

G. Due Date and Time Quotations must be submitted via FedConnect by 3:30 pm PST on June 8, 2015.

H. Contract Administration

Contracting Officer:

Autumn Roe Telephone: (415) 972-3933 Email: roe.autumn@epa.gov

Only the CO is authorized to make or approve any changes in any of the requirements of this purchase order and, notwithstanding any clauses contained elsewhere in this order, the said authority remains solely with the CO. In the event that the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and EPA will make no adjustment in the purchase order price to cover any increase in cost incurred as a result thereof. The CO will handle all day-to-day contract award and contract administration functions.

Interested parties responding to this RFQ shall direct all communication and responses to the Contracting Officer.

I. Contract Clauses

See Attachment B

J. Technical Questions

If you have any questions regarding this RFQ, please contact Autumn Roe at (415) 972-3933. All questions pertaining to the technical requirements or acquisition-related clarifications must be posed in writing to the Contracting Officer via email to roe.autumn@epa.gov no later than 3:00pm PST, Monday, May 18, 2015.

K. List of Attachments

Attachment A: Statement of Work

Attachment B: Clause and Provision List with full text as required mailto:roe.autumn@epa.gov

Attachment A: Statement of Work

EPA’s Pacific Southwest Region Community Solar Aggregation Project, Region 9

Background:

The Environmental Protection Agency’s Pacific Southwest Region Clean Energy and Climate Change

Office is responsible for successful, voluntary climate change programs that reduce greenhouse gas emissions. These voluntary programs are forging innovative public-private partnerships for addressing

U.S. emissions of greenhouse gases and other pollutants cost-effectively while helping to reduce dependence on fossil fuels.

In 2015 and beyond, EPA plans to frame green power as a core corporate environmental management strategy capable of supporting significant new renewable energy capacity and reducing the significant carbon emissions associated with purchased electricity, while continuing to remove the barriers to investments in renewable energy that prevent cost-effective renewable energy policies and programs from reaching their full potential.

One way to help expedite the deployment of cost-effective renewable energy is through group purchases. When customers team up to purchase renewable energy such as solar, costs are reduced through a variety of mechanisms:

• Developers avoid significant customer acquisition expenses;

• Construction scheduling at multiple sites can be streamlined;

• Equipment can be purchased in bulk;

• The larger pool of customers can entice more competitive bids

If an aggregation program is structured well, there can be significant reductions in the administrative burden on individual purchasers. As the requirements for participation are minimized, more customers will opt to join in; further increasing the magnitude of the purchase and the attractiveness of the overall project to potential bidders.

There are several successful examples of government and residential utility customers benefitting from group purchases of electricity from on-site photovoltaic systems. Cities and counties in Silicon Valley joined together for a 14 MW purchase on 70 sites, resulting in $60 million in economic development and

300 jobs. A similar effort in Washington DC is underway, and a recent solicitation in Alameda County covered a 30 MW purchase on 180 sites. The federal government is embarking on a pilot multi-agency effort in Northern California. At the residential level, Solarize Mass helps homeowners access tiered pricing schedules, where greater participation results in lower customer costs.

In addition to supporting the deployment of renewable energy, EPA Region 9 has a unique environmental challenge in California; with some of the worst air quality in the country. To help reduce the impacts to air quality from the transportation sector, EPA supports the development of zero emission transportation. One way to support this is through the deployment of electric vehicles and the corresponding charging infrastructure; allowing solar electricity from an aggregation project to fuel near zero emission transportation. With more solar projects in areas with harmful air quality, electric vehicles can be charged and used, reducing not only the emissions from the vehicles themselves, but also from the prior electricity source.

Objective and Overview:

The objective of this purchase order is to support EPA with the development and implementation of a streamlined solar aggregation project process, building from successful components of past efforts and focused on quicker, higher impact projects, that can be developed with relatively low resource investments. The purchase order shall garner technical, administrative, and contractual support to effectively increase solar procurement by the aggregation of potential solar customers, and facilitate the development of electric vehicle charging infrastructures that can be combined with the solar projects.

The Contractor shall provide support to EPA on the following tasks:

Task (1.0) Innovative On-Site Renewable Energy Process Development and Procurement Task (2.0) Administrative Tasks

Description of Tasks

Task (1.0) Innovative On-site Renewable Energy and EV Charging Infrastructure Program Development and Procurement

EPA is supportive of innovative procurement strategies and approaches that address market barriers to greater use of on-site renewable energy systems and zero emission transportation, including but not limited to solar photovoltaics (PV) and electric vehicle charging infrastructure. EPA has initiated discussions with multiple stakeholders in California, exploring the feasibility of developing new aggregation projects.

The Contractor shall work with EPA and appropriate stakeholders to pursue such projects. Stakeholders may include but are not limited to: air districts, commercial and industrial utility customers and corresponding trade organizations, government agencies; and schools. The Contractor shall develop and facilitate the procurement of streamlined aggregation projects, building from successful components of past efforts and focused on quicker, duplicable, higher impact projects that can be developed with relatively low resource investments.

The objective is to both substantially advance aggregated procurements as well as to capture and communicate lessons learned that would facilitate effective replication of this or similar procurement strategies in other regions or by other stakeholders.

Deliverables

The Contractor shall develop and facilitate the procurement of two aggregation projects. Each project should include recruiting and organizing interested parties, RFP development, technical and financial guidance to stakeholders, and renewable energy contract development. Please note that EPA will not be one of the stakeholders and will not be administering any resulting contract. All resulting contracts will be between selected stakeholders and the contractor.

Each aggregation project should include solar photovoltaics (PV) and electric vehicle charging infrastructure.

At the end of the contract, as part of the close-out package, the Contractor shall provide, by email, a summary report of the final process with lessons learned, and the final resulting solar contract(s).

Task (2.0) Administrative Tasks

This purchase requires extensive administrative activities , including monthly progress reports and budget discussions with the EPA Contracting Officer’s Representative (COR). The Contractor shall maintain and promote lines of communication including check-in and deliverables meetings for all tasks and subtasks. At the request of either the government or the Contractor, meetings shall be held to discuss the overall progress on the purchase order, or to resolve conflicts or other issues that may arise in the implementation of work under this contract. When needed, these discussions will normally be conducted via conference call. However, the government reserves the right to hold in-person meetings in San Francisco, Fresno or Diamond Bar, CA. The Contractor shall also perform tracking activities so it can respond to requests for information from the government concerning issues of purchase order management, i.e., overall progress on the contract, trouble-shooting, and other purchase order-level issues. As specified in written technical direction issued by the COR, the Contractor shall address specific issues or provide non-routine type data or information to aid in tracking performance under this contract. The Contractor shall prepare a monthly progress report that outlines the purchase order activity, including existing and planned budgets, staffing/level of effort, and other direct costs as directed by the COR. The Contractor shall also include the expected level of effort needed for successfully completing the tasks and work assignments for the next monthly period of performance.

The Contractor shall email the report to the COR and the Contracting Officer. The Contractor shall execute necessary partner data entry and maintenance tasks in order to support program communications activities.

DELIVERABLES

• EPA expects one meeting a month, or as needed, between the COR and Contractor to address general purchase order management, planning and coordination roles.

• EPA expects the Contractor to provide monthly budget updates and analysis, including progress reports; invoices; and cost tracking for each task, subtask and labor rate category by dollar and hours spent; percent of total budget spent and total budget remaining, or as directed by the COR. The Contractor shall deliver these reports by email to EPA by the end of each month.

• The Contractor shall provide and update a reporting detail (e.g. schedule, calendar) for regularly occurring communications, events and Web tasks such as regularly (weekly, monthly or quarterly) scheduled communications tasks.

• Specific special projects or other initiatives for which EPA wants subtask level cost break out.

Attachment B: Clauses and Provisions

SECTION I - Contract Clauses

I-1 Clauses

I-1 FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER. (JUL 2013)

I-2 FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT. (JUL 2013)

I-3 FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (NOV 2014)

I-4 FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (NOV 2014)

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

I-6 FAR 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. Work Plan Outline 2. Contractor Qualifications 3. Past Performance 4. Cost/Price

(Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.)

Technical and past performance, when combined, are approximately equal to cost or price (Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.)

(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)

I-7 FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS.

(MAR 2015)

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

(a) Definitions. As used in this provision-

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

Forced or indentured child labor means all work or service-

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

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

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

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

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

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

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

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

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

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

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

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

(6) Have been voluntarily suspended.

Sensitive technology-

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

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

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

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

Service-disabled veteran-owned small business concern-

(1) Means a small business concern-

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

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

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is 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 with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(2) Veteran-owned small business concern. (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 CFR 124.1002.

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

(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 to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (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. [] 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 Order 11246-

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

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

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

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

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

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

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

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

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. _____________________________________________

Country of Origin:_________________________________________

(List as necessary)

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

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

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

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

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

Line Item No. Country of Origin

(List as necessary)

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

Other Foreign End Products

Line Item No. ______________________________

Country of Origin:__________________________

(List as necessary)

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

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

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

Canadian End Products:

Line Item No.____________________________

$(List as necessary)

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in 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

$(List as necessary)

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

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

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

Line Item No. Country of Origin

(List as necessary)

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

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

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

Other End Products:

Line item No.: _________________________________

Country of origin: _____________________________

(List as necessary)

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

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

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

(2) ___ Have, ___ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government 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

(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.

Listed End Product: _______________

Listed Countries of Origin: _______________

(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.

(4) ___ Have, ___ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 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.

Listed End Product

Listed Countries of Origin

(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…