SP4701-23-R-0020 - AMENDMENT 02.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE

RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER

NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

CHARLES FITZSIMMONS, JR.

PLEASE SEE PAGE 2 FOR LIST OF CHANGES MADE THROUGHOUT AMENDMENT 02 OF RFP SP4701-23-R-0020 FOR

FIRE AND EMERGENCY SERVICES (FES) MODERNIZATION SUPPORT.

DLA Contracting Services Office - Philadelphia (DCSO-P) 700 Robbins Avenue, Building 6D435 Philadelphia, PA 19111

SP4701-23-R-0020

1 100

08/22/2023

07/28/2023

Fire and Emergency Services (FES) Modernization Support

SP4701-23-R-0020 (Amendment 02)

Source Selection Sensitive Information - See FAR 2.101 & 3.104

14. DESCRIPTION OF AMENDMENT/MODIFICATION:

• Tracked changes, shown in Red, are addressed throughout the solicitation and PWS

(separate document) under Amendment 02 accordingly.

• The Solicitation Closing Date has been extended until Monday, September 4, 2023 at

9:00 A.M. EDT.

• Removal of CUI markings on RFP document.

• Attachment 6 – Vendor Pricing Sheet document was revised to remove JETS description.

COMBINED SYNOPSIS/SOLICITATION

REQUEST FOR PROPOSAL

(1) Action Code: N/A

(2) Date: July 28, 2023

(3) Year: 2023

(4) Contracting Office Zip Code: 19111

(5) Classification Code: 541519 (Size Standard: $34,000,000.00)

(6) Contracting Office Address:

DLA Contracting Services Office – Philadelphia

700 Robbins Avenue, Building 6 (Station: 6D435)

Philadelphia, PA 19111

(7) Subject: Fire and Emergency Services (FES) Modernization Support

(8) Proposed Solicitation Number: SP4701-23-R-0020

(9) Closing Response Date: Monday, August September 428, 2023, at 9:00 AM (Eastern

Time)

(10) Contact Point:

Charles Fitzsimmons, Jr.

Email: Charles.Fitzsimmons@dla.mil

Phone: (215) 737-0976

(11) Contract Award: N/A

(12) Contract Award Dollar Amount: N/A

(13) Contract Line Item Number: See section (16) below

(14) Contract Award Date: N/A

(15) Contractor: N/A

(16) Description:

mailto:Charles.Fitzsimmons@dla.mil

i. This is a combined synopsis/solicitation Request for Proposal (RFP) for commercial services prepared in accordance with the format in Subpart 12.603

Streamlined Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation is being issued as a 100% small business set-aside via https://sam.gov/.

ii. Solicitation Number: SP4701-23-R-0020

iii. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC 2023-04).

iv. The North American Industrial Classification System (NAICS) code for this acquisition is 541519 (Size Standard: $34,000,000.00). The solicitation is being issued as a 100% small business set-aside for small businesses to submit proposals.

v. Basis for Award: This contract will be evaluated in accordance with Tradeoff evaluation procedures.

Award of this contract will be made on a competitive basis, using “tradeoff” procedures between non-price, past performance, and price. In evaluating proposals, the non-price factor is considered significantly more important than past performance. Past Performance is considered more important than price.

Level of Effort/Labor Mix will be rated on an Acceptable/Unacceptable basis. All other non-Price sub-factors are of equal importance. An overall roll-up rating will be assigned to the non-Price factor. The factor’s assigned overall roll-up rating will be supported in narrative by the Evaluation Team’s report. The Government may consider award to other than the lowest priced contractors or other than the highest technically rated contractors.

vi. Schedule of Items/Statement of Work:

The full breakdown of the required Fire and Emergency Services (FES) Modernization Support is attached:

“ATTACHMENT 1 –SCHEDULE OF SUPPLIES”

“ATTACHMENT 2 – PWS”

* PLEASE SUBMIT A FULLY COMPLETED ATTACHMENT 1 (SCHEDULE OF

SUPPLIES) WITH YOUR OFFICIAL QUOTE SUBMISSION VIA EMAIL TO

CHARLES.FITZSIMMONS@DLA.MIL WITH THE EXACT FORMAT AS PROVIDED

IN THE ATTACHMENT 1 WORD DOCUMENT.

https://sam.gov/ mailto:CHARLES.FITZSIMMONS@DLA.MIL

PREPARATION COST:

The Government shall not be responsible or liable for any costs incurred by any parties in the preparation and submission of any price proposal in response to this RFP.

vii. Period of Performance (PoP):

The Period of Performance (PoP) will consist of an 8-month base period with two

(2) 12-month option periods. The PoP of the base period will be September 1, 2023 through April 30, 2024.

viii. The FAR provision, 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition and the following addenda are added to this provision:

Addendum to 52.212-1(j): Unique entity identifier.

_X_ The requirement to provide a Unique Entity Identifier number with the offer applies at all dollar values if the offeror is required to register in the System for award Management (SAM) Database in accordance with DFARS clause 252.204-7004.

Addendum to 52.212-1(l):

Special Instructions/Conditions/Notices to offerors for submission of Source

Selection proposal information:

(1) Proposal Information

a. This RFP will be solicited as a 100% small business set-aside under

NAICS code 541519 (Size Standard: $34,000,000.00).

b. Offeror shall submit a proposal with a total price for CLIN(s) 0001 - 0004, 1001 – 1004, 2001 – 2004, and 3001. Within the proposal, the offeror shall provide a breakdown of the unit prices for each unit in Section (vi) of this RFP.

c. Proposals shall be submitted electronically to Charles Fitzsimmons, Jr. at the following email address: Charles.Fitzsimmons@dla.mil

d. Offers are due no later than 9:00 AM on August September 428, 2023.

ix. The FAR provision, 52.212-2, Evaluation – Commercial Items, applies to this acquisition. Each offeror’s proposal will only be determined to be “acceptable” if it not only includes each item in the Schedule of Supplies but also does not include any exceptions to the terms and conditions of this solicitation. The mailto:Charles.Fitzsimmons@dla.mil evaluation criterion for the technical proposal and price proposal is set forth below.

The following subfactors are to be addressed in the offer for the Non-Price Factor:

- Subfactor 1 - Level of Effort/Labor Mix:

Offerors shall complete the attached Personnel Summary and Resource Allocation

Spreadsheet (Attachment 5). The Personnel Summary and Resource Allocation Spreadsheet shall include all personnel offered for the requirement. In reference to Attachment 5, the

Personnel Name column may be left blank for Non-Key Personnel Positions.

Offerors may propose more than one key personnel for each of the key personnel labor categories. Offerors are required to submit copies of resumes and current certifications for all key personnel offered in response to this contract PWS, which will be evaluated as part of the

Technical Evaluation process.

PLEASE NOTE: In Personnel Summary and Resource Allocation Spreadsheet

(Attachment 5), Column H - "Current Background Investigation Type.

- Subfactor 2 - Key Personnel

The offeror shall identify key personnel and provide resumes for each by utilizing the template in

Attachment 6 of the RFP. The offeror shall demonstrate that the key personnel offered have recent and directly related experience and education in the areas specified in the PWS. If experience is not directly related but relevant, discuss relevance in customer, topic, dollar value, workload, duration, and scope and complexity to the PWS requirements.

The offeror’s proposal shall identify the requisite qualifications and experience that the key personnel possess, including the benefits and competencies that those individuals bring, to assure the successful accomplishment of services. Each resume submitted in the offer should include experience and capabilities relevant to the requirements set forth in the PWS.

Offerors are required to submit copies of resumes for all personnel offered for each Key

Personnel Labor Category in response to this contract PWS.

- Subfactor 3 - Technical Approach:

Describe in detail your approach to develop the specified deliverables and perform each tasking in the Performance Work Statement (PWS). The offeror must provide evidence demonstrating a clear understanding of the scope and complexity of the requirements set forth in the PWS. The offered approach must be well-defined and logical and include the methodologies and processes that can successfully meet DLA objectives and mitigate risk. Technical Approach offers shall be no more than 25 single sided pages which does not include the cover page and table of contents.

- Subfactor 4 - Past Performance:

The Government will consider the offeror’s past performance/experience under U.S.

Government contracts or other contracts/projects within 3 years of the initial closing date of this

RFP. Any contracts/projects submitted in reference to past performance that are outside of the 3-year recency period will not be considered for evaluation. Offerors shall submit at least one past performance example, but not more than two examples. Offerors may submit JETS task orders as past performance examples.

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror will not be evaluated favorably or unfavorably on past performance and will receive a Neutral rating.

For each past performance project, the offeror shall fill out Attachment 7– “Past Performance

Template” and return the document with its offer. In addition, the offeror shall send Attachment

8– “Past Performance Questionnaire” to a customer POC that can rate the offeror’s performance on the project. Past Performance Questionnaires must be submitted directly to DLA from the customer POC and must be received by the RFP closing date and time.

Price:

The offeror shall complete the Vendor Pricing Sheet (Attachment 9), to include the tab labeled “Sec B Schedule of Services” with this Attachment. Please submit with the proposal. Offerors should also complete Attachment 1 (Schedule of Services), which will be incorporated into awardee’s award document. All pricing information shall be contained in vendor pricing sheet and schedule B of the RFP only. Pricing shall not be included in any of the non-price sections.

Evaluation for Award:

Non-Price Factor:

- Subfactor 1 - Level of Effort/Labor Mix:

The offered labor mix will be evaluated for Acceptability to ensure that the offeror possesses an understanding of the appropriate resources required to perform the required tasks detailed in the

Performance Work Statement. The Level of Effort offered will be evaluated to ensure it is appropriate to fulfill the requirements set forth in the RFP.

- Subfactor 2 - Key Personnel

The Government will evaluate the offeror’s key personnel to determine whether each offered individual possesses the requisite qualifications and experience, including the benefits and competencies that those individuals bring, to assure the successful accomplishment of the service. Each resume submitted in the offer will be evaluated for experience and capabilities relevant to the requirements set forth in the PWS.

- Subfactor 3 - Technical Approach

The Government will evaluate the offeror’s technical approach in providing services and support as described in the PWS. The evaluation will assess the offeror's capability in supporting all tasks within the PWS and the offeror’s understanding of the scope and complexity of the work.

The Government will evaluate the offered approach to ensure that it is well-defined and logical and that the methodologies and processes can successfully meet DLA objectives and mitigate risk.

- Subfactor 4 - Past Performance:

In evaluation of this factor, the following aspects will be considered:

Aspect One: Relevancy of Prior Contracts - The relevancy of offeror’s prior projects to the current PWS requirements will be evaluated based on the similarity to the service/support, the complexity, and dollar value. The Government will evaluate the offeror’s demonstrated evidence of experience in performing contracts with a similar size, scope, and complexity to this contract requirement.

Aspect Two: Quality of Past Performance (i.e., how well the offeror performed) - The offeror’s history of success in completion of projects, history of producing high-quality reports and deliverables, and commitment to customer satisfaction and history of staying on schedule and within budget will be evaluated via CPARS/PPIRS; information provided in the offeror’s proposal; and/or with the Government’s independent contact with the offeror’s prior customers.

Degree of conformance to contractual requirements, responsiveness, and effectiveness in addressing issues, quality of customer service, and/or conformance to cost/price requirements or goals, will be evaluated in the qualitative past performance ratings.

Price: Pricing will be evaluated to ensure completeness and reasonableness.

x. Offerors shall include a copy of the FAR provision at 52.212-3, Offeror

Representations and Certifications – Commercial Products and Commercial

Services (Oct 2022) with their offer.

FAR 52.212-3 -- Offeror Representations and Certifications -- Commercial Products and Commercial Services (DEVIATION 2023-O0002)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management

(SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision -https://www.sam.gov/

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. 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;

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.govinfo.gov/link/uscode/6/395 https://www.govinfo.gov/link/uscode/6/395

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on

Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign

Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

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

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

(5) Consist of providing goods or services that are used only to promote health or education; or https://www.govinfo.gov/link/plaw/110/public/174

(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 –

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

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

https://www.govinfo.gov/link/uscode/50/1702 https://www.govinfo.gov/link/uscode/38/101 https://www.govinfo.gov/link/uscode/38/101 https://www.ecfr.gov/current/title-13/part-121 https://www.ecfr.gov/current/title-13/section-121.103

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 $850,000 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.

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

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

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

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

Women-owned 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.

https://www.ecfr.gov/current/title-13/section-124.1002 https://www.ecfr.gov/current/title-13/section-124.105 https://www.ecfr.gov/current/title-13/section-124.105 https://www.ecfr.gov/current/title-13/section-124.103 https://www.ecfr.gov/current/title-13/section-124.104 https://www.ecfr.gov/current/title-13/section-124.104#p-124.104(c)(2) https://www.ecfr.gov/current/title-13/section-124.104#p-124.104(c)(2) https://www.govinfo.gov/link/uscode/38/101

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR

127.300.

(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 Products and Commercial Services, 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 is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 https://www.ecfr.gov/current/title-13/section-127.300 http://www.sam.gov/ https://www.ecfr.gov/current/title-48/section-52.212-3

(1) Small business concern. The offeror represents as part of its offer that -

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.]

(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 -

(i) It □ is, □ is not a service-disabled veteran-owned small business concern; or

(ii) It □ is, □ is not a joint venture that complies with the requirements of

13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] https://www.ecfr.gov/current/title-13/section-121.103#p-121.103(h) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(a) https://www.ecfr.gov/current/title-13/section-125.8#p-125.8(b) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(1) https://www.ecfr.gov/current/title-13/section-125.18#p-125.18(b)(2) https://www.ecfr.gov/current/title-13/section-124.1002 https://www.ecfr.gov/current/title-13/section-124.1002 https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(a) https://www.ecfr.gov/current/title-13/section-127.506#p-127.506(c)

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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture:__.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(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 https://www.ecfr.gov/current/title-13/section-126.200#p-126.200(e)(1) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(a) https://www.ecfr.gov/current/title-13/section-126.616#p-126.616(c) https://www.ecfr.gov/current/title-41/part-60-1 https://www.ecfr.gov/current/title-41/part-60-2

(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)(i) The Offeror certifies that each end product, except those listed in paragraph

(f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,”

“critical 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 Exceeds 55% domestic content

(yes/no)

[List as necessary] https://www.govinfo.gov/link/uscode/31/1352 https://www.govinfo.gov/link/uscode/31/1352

(3) Domestic end products containing a critical component:

Line Item No. ______

[List as necessary]

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

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

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

(B) The terms “Bahrainian, Moroccan, Omani, Panamanian, or

Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “critical 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. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are

COTS items. If the percentage of the domestic content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of origin Exceeds 55% domestic content

(yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ______

[List as necessary]

(v) 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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American - Free Trade Agreements - Israeli Trade

Act”:

Israeli End Products:

Line item No. Country of origin

[List as necessary]

(3) 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]

(4) 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

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

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

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

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

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

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

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance https://www.govinfo.gov/link/uscode/26/6212 https://www.govinfo.gov/link/uscode/26/6320 https://www.govinfo.gov/link/uscode/26/6159 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 paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

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

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or https://www.govinfo.gov/link/uscode/11/362

(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 subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of…