Amendment_0001_-_SynopsisSolicitation.pdf

RFP No. W912DS-14-T-0012, Employee Assistance Program services for the U.S. Army Corps of Engineers, New York District.

COMBINED SYNOPSIS/SOLICITATION

(Amendment 0001)

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

SOLICITATION: W912DS-14-T-0012.

This is a Request for Proposal (RFP) for commercial products in accordance with FAR Part 12. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-72, dated 30 January 2014.

This procurement is being solicited as a 100% SMALL BUSINESS SET-ASIDE. The applicable NAICS Code 621330 – Offices of Mental Health Practitioners (except Physicians). The small business size standard is $7.0 million.

The contractor shall provide Employee Assistance Program services for the U.S. Army Corps of Engineers, New York District. These services are for One (1) Base Year and Four (4) Option Years. The Contract Line Items for this combined synopsis/solicitation are as follows:

CONTRACT LINE ITEMS:

(Note: Offerors must submit prices for “Unit Price” and extended price “Amount” for all SubCLINs.)

ITEM NO SUPPLIES/SERVICES QUANTITY

BASE YEAR –

FFP

EAP Counseling Services and Training Period of Performance 01 June 2014 – 31 May 2015

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001AA 198 EA $__________ $____________

BASE YEAR –

FFP

Provide EAP Counseling Services in accordance with the SOW Period of Performance 01 June 2014 – 31 May 2015. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the contractual period.

NET AMT $____________

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P283_48418

0001AB 28 HR $__________ $____________

BASE YEAR –

FFP

Provide Training in accordance with the SOW Period of Performance 01 June 2014 – 30 May 2015

ITEM NO SUPPLIES/SERVICES QUANTITY

OPTION YEAR – 1

FFP

EAP Counseling Services and Training Period of Performance 01 June 2015 – 31 May 2016

0002AA 198 EA $__________ $____________

OPTION YEAR – 1

FFP

Provide EAP Counseling Services in accordance with the SOW Period of Performance 01 June 2015 – 31 May 2016. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the

0002AB 28 HR $__________ $____________

OPTION YEAR – 1

FFP

Provide Training in accordance with the SOW Period of Performance 01 June 2015 – 31 May 2016

OPTION YEAR – 2

FFP

EAP Counseling Services and Training Period of Performance 01 June 2016 – 31 May 2017

0003AA 198 EA $__________ $____________

OPTION YEAR – 2

FFP

Provide EAP Counseling Services in accordance with the SOW Period of Performance 01 June 2016 – 31 May 2017. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the

0003AB 28 HR $__________ $____________

OPTION YEAR – 2

FFP

Provide Training in accordance with the SOW Period of Performance 01 June 2016 – 31 May 2017

OPTION YEAR – 3

FFP

EAP Counseling Services and Training Period of Performance 01 June 2017 – 31 May 2018

0004AA 198 EA $__________ $____________

OPTION YEAR – 3

FFP

Provide EAP Counseling Services in accordance with the SOW Period of Performance 01 June 2017 – 31 May 2018. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the

0004AB 28 HR $__________ $____________

OPTION YEAR – 3

FFP

Provide Training in accordance with the SOW Period of Performance 01 June 2017 – 31 May 2018

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT

OPTION YEAR – 4

EAP Counseling Services and Training

FFP

Period of Performance 01 June 2018 – 31 May 2019

0005AA 198 EA $__________ $____________

OPTION YEAR – 4

FFP

Provide EAP Counseling Services in accordance with the SOW Period of Performance 01 June 2018 – 31 May 2019. The estimated 198 number of annual counseling sessions will be adjusted to the actual utilization in the 4th quarter of the

0005AB 28 HR $__________ $____________

OPTION YEAR – 4

FFP

Provide Training in accordance with the SOW Period of Performance 01 June 2018 – 31 May 2019

Total Base Year: $

Total Option Years: $

Total Base + Options: $

Offeror Information:

Company Name:

Mailing Address:

DUNS Number:

Tax ID Number:

Point of Contact Name:

Phone:

Email:

Offoeror’s Signature:

_______________________________________ Date:_______________

INSTRUCTIONS TO OFFERORS

SUBMITTAL INSTRUCTIONS

1. The technical submission will be limited to 25 pages, and tabbed with the headings “Staffing Approach & Qualifications, Similar Experience, Management, and Past Performance”. One original and one copy of the technical submission are required. Each submission must include the following information (not included in the page count for the technical submission):

a. Copies of resumes and educational degrees (with seal), and

b. Copies of Offeror’s malpractice insurance policy.

2. Included in the submission will be a completed copy of attachment titled “Contract Line Item Number”. The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company has completed their representations and certifications in SAM (https://www.sam.gov) must be submitted along with each proposal.

3. Submit Quality Assurance plan for referrals.

4. Submissions shall be submitted prior to the closing date of 3:00 pm EST May 29th, 2014 to the following address:

J. David King U.S. Army Corps of Engineers 26 Federal Plaza, Room 1843 Attn: Contracting Division New York, New York. 10278-0090

Or

Submitted by email, as a PDF document to j.david.king@usace.army.mil and must be received by the Contract Specialist by 3:00 pm EST May 29th, 2014.

5. Due to security at Government installations, all Offerors are advised to allow ample time to get through the security checks in order to have their submissions delivered by 3:00PM EST.

6. FAR provision at 52.212-1, Instructions to Offerors – Commercial; FAR clause at 52.212-4, Contract Terms and Conditions -- Commercial Items; and FAR clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items applies to this acquisition See attached addenda which provides applicable provisions and clauses.

The proposal MUST ALSO INCLUDE THE FOLLOWING INFORMATION: Solicitation number, offeror’s complete mailing address, DUNS number, and Tax Identification Number. Any questions http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1399_192706 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1957_287124 regarding this solicitation MUST be submitted in writing by email to the point of contact below. In accordance with FAR 52.212-1(k), prospective awardee shall be registered and active in the System for Award Management (SAM) prior to award. If the Offeror does not become registered in SAM in the time prescribed by the Contracting Officer (NLT due date/time of solicitation), the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.sam.gov or by calling 866-606-8220.

Ensure that online representations and certifications are up to date in SAM or provide completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) with offer.

The government reserves the right to cancel this combined synopsis/solicitation.

This announcement and written request for Proposal constitutes the only Request for Proposal that will be made for this requirement.

All Offers are due no later than May 29th, 2014 at 3:00 P.M. EST Electronic Offers are now being accepted via email at j.david.king@usace.army.mil

SCOPE OF WORK

The U.S. Army Corps of Engineers is seeking Employee Assistance Program (EAP) Services for 660 federal employees located in the following areas: Tri State Area, Westchester County (West Point), and Upstate New York (Fort Drum). This is a solicitation for commercial services. This solicitation is a 100% small business set-aside. The NAICS code is 621330. The size standard is $7.0 million. A firm fixed price contract is contemplated with a base period of one (1) year from date of award with option to extend for four (4) additional one-year periods.

Clinical Services: Individual counseling to employees and their immediate family members on a host of personal and job related matters. Problem areas will include, but are not limited to, alcohol/drug abuse, trauma, mental illness, relationship/family conflicts, financial, stress, and job problems. The Contractor will provide crisis intervention, assessment, information and referral, short-term counseling, and follow-up monitoring.

Clinical services shall include diagnostic evaluations, treatment planning, short-term counseling, trauma debriefings, referrals, monitoring, and follow-up services to clients as clinically indicated.

Counseling will be primarily face-to-face for a maximum of six sessions. If additional counseling is necessary a referral to a community facility will be provided. In situations where it is determined the problem can be remedied within the short-term modality, the employee will be seen at the EAP for the full six sessions, with no community referral being necessary. The full six sessions may also be utilized to motivate an employee to accept a referral to needed treatment. The Contractor will maintain a listing of appropriate local referral sources. The Contractor will contact the employee 14 days after the referral is given to ascertain its appropriateness. The Contractor will have a quality assurance plan in place to assure only the highest quality of community referral facilities is utilized. The Contractor will monitor cases in which an employee accepts treatment as part of a formal settlement agreement. This could extend to one to two years, depending on the case.

Utilization rate for this contract is defined as 660 employees multiplied by an anticipated 5% employee usage and a maximum of 6 sessions per employee for an estimated total of 198 counseling sessions per contractual year. The anticipated 5% utilization rate is neither required nor promised.

Employees will be considered on official duty status while at the EAP counselor and will be given 45 minutes for the counseling session plus travel time. Contractor Facilities must be available for employees who wish to attend counseling on their own time or after regular business hours. The contractor must have a 24-hour emergency telephone answering system. Counseling staff must be available in person to employees, as a minimum between the hours of 8:00 A.M. To 5:30 P.M. EST, Monday through Friday. The contractor shall observe the same holidays as the Federal agencies serviced.

If any primary staff member is unavailable due to vacation, conferences, and so forth, a qualified substitute must be provided.

An employee in need of EAP services can contact the EAP counselor directly, or contact the EEO office which will in turn contact the EAP counselor to arrange an appointment with the employee. A scheduled appointment must be made within five calendar days, including weekends and holidays.

Emergencies must be handled immediately and may require the counselor to provide the needed services at any agency facility.

Note: The contractor must have on-call counselors able to respond to requests for emergency assistance.

Confidentiality: The Contractor will assure the confidentiality of all information connected with an employee's use of the program in accordance with P.L. 98-24; 42CFR Part 2, "Confidentiality of “Alcohol and Drug Abuse Patient Records," revised June 9, 1987, and the Privacy Act of 1974. Case files will be maintained on all employees seen in counseling and will be the property and responsibility of the Contractor. Case records will be maintained for at least three years after termination of the client case, or longer if required by state law.

Training Services: Based on need and requirements, the Contractor shall be responsible for designing and implementing a training program, producing training materials, and scheduling training with the Army Corps of Engineers (USACE) EAP Project Officer. All training materials must be non-sexist and non-discriminatory in content and tone. Resumes of all proposed trainers will be included with the proposal, showing prior experience providing training for adult populations.

Basic Supervisor Training: Two (2) three-hour training sessions shall be conducted for supervisors and other key personnel on how to deal with problem or troubled employees and how to utilize the EAP as part of this process. The workshop leader will be familiar with pertinent Federal regulations such as the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA). A sufficient number of sessions will be offered, such that all supervisors, union officials, and personnel specialists receive this training at least every two years. Training classes will be limited to 25 participants. The dates of the sessions will be at the request of the EEO Office.

Prevention of Workplace Violence: Two (2) two-hour training session shall be conducted to help managers identify the potentially violent employee and identify steps to defuse the situation. The EAP will be available to consult with agency executives in formulation of a policy and establishing an emergency response team. Training classes will be limited to 25 participants and available to all supervisory, union, and other key employees as requested. The dates of the sessions will be at the request of the EEO Office.

Drug-Free-Workplace: One (1) two-hour drug awareness training shall be conducted that shows the interface of the EAP with Executive Order 12564. Included in the training will be drug use, treatment options, agency drug testing policy, consequences of a positive drug test, follow-up, and types of communication that can be held with the workplace supervisor. Management trainings will include a section on how to effectively confront the employee and refer him/her to the EAP and the type of monitoring and reports available. Training classes will be limited to 25 participants and available to all employees as requested. The dates of the sessions will be at the request of the EEO Office.

Conflict Resolution: Two (2) three-hour trainings shall be conducted for all staff to learn how to resolve conflict in a more effective manner and enhance the productivity of the workplace. Training classes will be limited to 25 participants and available to all employees. The dates of the sessions will be at the request of the EEO Office.

Health Seminars: Ten (10) one-hour workshops shall be conducted for employees on topics such as Stress Management, Alcohol & Drug Abuse, Parenting Skills, Eldercare, and other family/life issues. The dates of the sessions will be at the request of the EEO Office.

Management Consultation: The EAP counselor will be available to consult with supervisors or managers on problem employees or situations as requested within 24 hours for emergency & 48 hours for consultation.

Liability: The Contractor will maintain malpractice coverage on any clinical staff involved in this contract and is solely responsible for all clinical recommendations. The contractor shall hold and save the Government free from damages due to the provision of counseling services in connection with Fed EAP, except for damages due to the fault or negligence of the Government.

Reports: The Contractor will provide a monthly report on the number of employees utilizing the EAP services. The report shall include the name, date, and number of visits for that individual. This information will be provided ONLY to the Equal Employment Opportunity office POC.

Hours of Operation: The Contractor will be available face to face, between the hours of 8:30am to 5:00pm EST Monday through Friday. After hours and emergency coverage will be provided as needed.

The Contractor must be able to arrive at 26 Federal Plaza, New York, NY 10278, within 1 hour of notice, or employee to EAP location within one hour, and remote locations within two hours. Telephone response should be within 30 minutes. If call is received after midnight & 6 AM, it will be responded to by 8AM next morning. The Contractor will work out of 26 Federal Plaza and will be supplied with office space.

Payments: Payments will be made quarterly and invoices will be submitted to the EEO Office POC. At the end of the contractual year, a monetary adjustment to the contract will be made to reflect the actual number of EAP counseling sessions conducted.

Equal Employment Opportunity Office (EEO) POC:

Estelle Capowski Chief, Equal Employment Opportunity 26 Federal Plaza Room 1845 New York, NY 10278-0090 917-790-8015 Estelle.v.capowski@usace.army.mil

BASIS OF AWARD

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 with regards to the Technical Evaluating Factors and Price. The following factors shall be used to evaluate offers: Technical Evaluating Factors (Factor 1, Factor 2, Factor 3, and Factor 4) and Price.

To be considered technically acceptable, offerors shall specifically address each of the Technical Evaluation Factors: Factor 1 (Staffing Approach and Qualifications), Factor 2 (Similar Experience), Factor 3 (Management), and Factor 4 (Past Performance). Factor 1 is more important than Factors 2, 3, and 4. Factor 2 is more important than Factors 3 and 4, but less important than Factor 1. Factors 3 and 4 are of equal value but less important than Factors 1 and 2. Technical Factors 1, 2, 3, and 4 are more important than price.

FACTOR 1: Staffing Approach and Qualifications: Counseling staff will have at least a Master of Social Work degree (MSW), hold the New York State Alcoholism & Substance Abuse Counselor certificate (CASAC), and be a Certified Employee Assistance Professional (CEAP). Staff includes any proposed subcontractors and staff selection. Provide a plan for staffing the various counseling sites to be utilized by the contractor, including 24-hour coverage, in accordance with hours of operation, adequate staff, and evidence of liability insurance. Any additional relevant education should also be included.

FACTOR 2: Similar Experience:

Counselor(s) must have at least 5 years of professional experience, 3 of which shall be experience in EAP Counseling Services. Counselor(s) must also have knowledge of local resources and treatment facilities.

The following experience criteria should be described for each of the proposed personnel:

a) Counseling experience in problem areas shall include but are not be limited to alcohol/drug abuse, trauma, mental illness, relationship/family conflicts, financial, stress, and job problems.

b) Experience in conducting training classes for an adult population.

FACTOR 3: Management: Offerors shall demonstrate a plan for ensuring the quality of EAP services, including quality assurance checks, evaluation plans, and how corrective actions will be taken if necessary. Knowledge of and/or experience in EAP and workplace counseling concepts, policy and operations (this should be described for both the offeror as a corporate entity and for each of the proposed personnel). Methods of maintaining required confidentiality of client information and problems that may be encountered. Offerors shall also provide a plan for designing and implementing a training program (as described previously above), including basic supervisor training, prevention of workplace violence, drug-free-workplace, conflict resolution, health seminars, and management consultation.

FACTOR 4: Past Performance: Offerors are required to submit Past Performance Customer Questionnaires (see Past Performance attachment) provided by previous Client(s) for input regarding past performance as either a prime or subcontractor. Offerors shall submit at least three (3) Past Performance Questionnaires for projects that were completed or currently in progress within the past five (5) years.

PAST PERFORMANCE QUESTIONNAIRE INSTRUCTIONS

The Offeror/Contractor listed on the questionnaire is submitting a proposal to the U.S. Army Corps of Engineers, New York District. This is a request for past performance information. This information will be used in the evaluating the Offeror's past contractual performance. The following information, once submitted, will be treated as confidential and will not be released. Please complete and submit back to the Offeror/Contractor the questionnaire utilizing the following guidance:

a. Handwritten responses are sufficient.

b. Circle a rating as listed below and provide a brief supporting narrative for your area of administrative responsibility. In the event of any unsatisfactory performance, please describe the cause and corrective actions, and any other pertinent information relative to the contractor's inadequate performance.

c. The assessment questions contained in this questionnaire shall be rated pursuant to the following definitions:

Exceptional (E) - Indicates the contractor's performance exceeded the contractual requirements.

Satisfactory (S) - Indicates there were no major problems that were not quickly and effectively solved by the contractor, and the contractor was meeting all contractual requirements.

Marginal (M) - Indicates the area of evaluation contained major problems that were not effectively solved by the contractor. The contractor met basic contract requirements with assistance from the customer.

Please include any written documentation supporting this rating.

Unsatisfactory (U) - Indicates a serious problem existed on the part of the contractor that precluded the contractor from meeting the contractual requirement(s). Please include any written documentation supporting this rating.

N/A - Not applicable or observed.

PAST PERFORMANCE CUSTOMER QUESTIONNAIRE

PROJECT: Employee Assistance Program (EAP) Services, New York, NY.

“The U.S. Army Corps of Engineers, New York District, is interested in your past performance assessment of the company listed below. Past performance refers to the company’s record of conforming to contract requirements, the company’s record of forecasting and controlling costs, the company’s adherence to contract schedules including administrative aspects of performance, the company’s history of reasonable and cooperative behavior and commitment to customer satisfaction, and the company’s general business-like concern for the interest of the customer. These questions relate to work performed by:

Contractor under review: (Insert Company Name)

Name and Location of Project:

Respondent Identification:

Name Date Company/Organization Position/Job Title Telephone Number

Questionnaire:

1. What type of work did the contractor perform?

2. How would you rate the contractor's overall performance?

E S M U N/A

3. How would you rate the contractor's overall corporate management, integrity, reasonableness, and cooperative conduct?

E S M U N/A

4. How would you rate the contractor's training program?

E S M U N/A

5. How efficient and timely were the services performed (compliance with the schedules of completion)?

E S M U N/A

6. Please circle the statement that best describes your feelings with regard to the contractor.

a. They were an outstanding contractor in every respect. Problems were solved in a spirit of teamwork.

Quality work, timely actions, and complete documentation were routinely achieved. We would pay a premium price to contract with them again.

b. They were an above average contractor to whom we would not hesitate to award to again. Problems encountered were minor and solutions were found with little difficulty.

c. They were an average contractor meeting the minimum requirements of the contract. Performance deficiencies improved when identified by the client/agency.

d. They were a below average contractor. Numerous problems developed that were a result of their lack of cooperation and failure to perform as required. An aggressive inspection program was required to ensure compliance.

e. They were a poor contractor who we would not want again under any circumstances. We would have been within our rights to terminate them for default.

f. None of the above. Please provide your statement.

7. Was the contractor given any of the following (or anything of a similar nature)?

Cure Notice: Yes / No Termination for Default: Yes / No

8. If there are any additional comments, information, etc. that you would like to add to the survey that does not fall into any of the above categories, please indicate below:

Return to: Requester.

PROVISIONS AND CLAUSES FOR W912DS-14-R-0004

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions. NOV 2013 52.204-7 System for Award Management. JUL 2013 52.204-9 Personal Identity Verification of Contractor Personnel. JAN 2011 52.212-4 Contract Terms and Conditions--Commercial Items. SEP 2013 52.219-28 Post-Award Small Business Program Representation. JUL 2013 52.222-26 Equal Opportunity. MAR 2007 52.222-17 Nondisplacement of Qualified Workers. JAN 2013 52.222-14 Service Contract Act of 1965. NOV 2007 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. DEC 2012 52.227-1 Authorization and Consent. DEC 2007 52.232-1 Payments. APR 1984 52.232-23 Assignment of Claims. JAN 1986 52.232-40 Providing Accelerated Payments to Small Business Subcontractors.

52.233-1 Disputes. JUL 2002 52.237-3 Continuity of Services. JAN 1991 52.243-1 Changes--Fixed Price. AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I. APR 1984 52.249-1 Termination For Convenience Of The Government (Fixed Price) (Short Form). APR 52.253-1 Computer Generated Forms. JAN 1991 252.201-7000 Contracting Officer’s Representative. DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. SEP 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. SEP 2013 252.204-7000 Disclosure of Information. AUG 2013 252.204-7003 Control of Government Personnel Work Product. APR 1992 252.204-7004 Alt A System for Award Management Alternate A. MAY 2013 252.204-7007 Alternate A, Annual Representations and Certifications. MAR 2014 252.225-7031 Second Arab Boycott of Israel. JUN 2005 252.225-7048 Export-Controlled Items. JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. JUN 2012 252.232-7004 DoD Progress Payment Rates. OCT 2001 252.232-7010 Levies on Contract Payments. DEC 2006

252.236-7000 Modification Proposals – Price Breakdown. DEC 1991 252.243-7001 Pricing Of Contract Modifications. DEC 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2014)

(a)

(1) The North American Industry classification System (NAICS) code for this acquisition is 621330.

(2) The small business size standard is $7.0 million.

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

(b)

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

(d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[_] (i) Paragraph (d) applies.

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

(c)

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

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

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

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

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

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

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

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

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

(B) Exceed the simplified acquisition threshold; and

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

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

This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010, or 2012.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its Alternate III applies.

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

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

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

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to—

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

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

[Contracting Officer check as appropriate.]

___ (i) 52.219-22, Small Disadvantaged Business Status.

___ (A) Basic.

___ (B) Alternate I.

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

___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

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

___ (vi) 52.227-6, Royalty Information.

___ (A) Basic.

___ (B) Alternate I.

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

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

FAR Clause Title Date Change

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

(End of Provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2013)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via http://www.acquisition.gov . If an offeror has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the offeror shall complete only paragraphs (c) through (o) of this provision.

https://www.acquisition.gov/ http://www.acquisition.gov/

(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.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C.

395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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 the 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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (o) 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 https://www.acquisition.gov/ 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 to 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, for general statistical purposes, 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.

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

(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.

(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) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the SAM Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR…