SAM Zaya Boutique and Tiny Tots LLC OverSAT DoR 2023-04-11.docx

Determination of Responsibility or Non-responsibility MEMORANDUM for Actions Over the Simplified Acquisition Threshold (SAT)

SUBJECT: Determination of Contractor Responsibility or Non-Responsibility

DATE: 04/11/2023

VENDOR NAME: Zaya Boutique & Tiny Tots LLC

UEI: MS1JLCW8K637

A. In accordance with FAR 9.104, the following has been reviewed and verified:

[X] The vendor is registered in the System for Award Management (SAM) at https://www.sam.gov,and was checked IAW FAR 9.405(e) on: (04/10/2023) and date is current in SAM until: (04/11/2023)

[ ] The vendor is registered in SAM, but their record is currently inactive. Vendor must recertify in SAM.gov prior to consideration for award.

[ ] Vendor is not registered in SAM.

[ ] One of the following FAR 4.1102 exceptions apply.

Supporting Rationale: _______________________________________________________

The vendor [ ] has active exclusions (such as: [ ] Prohibition/Restriction [ ] Ineligible Proceedings Completed), [X] has no active exclusions (The vendor identified above is not listed as debarred, suspended or otherwise ineligible for award by any Federal agency).

The vendor [X] is, [ ] is not IAW FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, the vendor [X] has, [ ] has not completed the annual representations and certifications electronically via system for award management.

B. The Contracting Officer has determined that:

The vendor [x ] does, [ ] does not have adequate resources to perform the contract, or the ability to obtain them (see 9.104-3(a));

Supporting Rationale: _________________________________________________________

The vendor [ x ] does, [ ] does not have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3(a)).

The vendor [ x ] does, [ ] does not have the necessary production and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and

The vendor [ x ] is able, [ ] is unable to comply with the required or proposed performance schedule, taking into consideration all existing commercial and governmental business commitments;

The vendor [ x ] does, [ ] does not have a satisfactory performance record (see 9.104-3(b) and subpart 42.15). A prospective contractor shall not be determined responsible or non-responsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;

The vendor [x ] does, [ ] does not have a satisfactory record of integrity and business ethics (for example, see FAR 9.104-1(d) and Subpart 42.15

Additional Rationale Supporting Selections for FAR 9.104-1 Standards: ___________________________________________________________________

The vendor [ ] has, [X] has not made an affirmative response per FAR provisions 52.209-5(a)(1)-Certification Regarding Responsibility Matters & 52.212-3(h) - Offerors Representations and Certifications - Commercial Products and Commercial Services, have been reviewed.

Check for Federal Delinquency and tax debt as defined in FAR 52.209-11. This vendor responded that it [ ] is, [X] is not, a corporation that has any unpaid Federal tax liability IAW 52.209-11.

Check for Felony Criminal Violation: The vendor [ ] is, [X] is not a corporation that was convicted of a Federal felony criminal violation IAW 52.209-11.

C. Small Business Concern/Other than Small Business Concern

1. Other than Small Business [ ] The vendor is considered an other than small business concern, therefore section C1 applies:

[ ] As required by FAR 9.104-4 and 19.705-5(a) the vendor [ ] has, [ ] has not complied with subcontracting plans submitted on previous contracts.

The other than small business [ ] is, [ ] is not otherwise qualified and eligible to receive an award.

2. Small Business [x ] The vendor is considered a small business concern, therefore section C2 applies:

[ ] IAW FAR 9.104-3(d)(2), the vendor is a small business, is unable to comply with the limitations on subcontracting per 52.219-14, and is considered non-responsible.

[ ] The contracting officer has made a determination of non-responsibility with regard to this small business concern and has referred the matter to the Small Business Administration (SBA). Upon review by SBA, shall determine whether to issue a Certificate of Competency (COC) per FAR 19.6 (Date sent to SBA: ______________) (Attached copy of Certificates of Competency)

[ ] The small business is otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).

The small business vendor [ x] is, [ ] is not otherwise qualified and eligible to receive an award.

D. Determination

Based on the above, I hereby determine that (Zaya Boutique & Tiny Tots LLC) [ x ] is, [ ] is not, responsible within the definition of FAR 9.104-Standards. In support of this recommendation, the Government has completed a detailed review and assessment of the information provided in SAM.gov and Federal Awardee Performance and Integrity Information (FAPIIS).

As a result of the review the vendor is deemed [ x ] qualified [ ] not qualified, and is [ x ] eligible [ ] ineligible to receive an award under applicable laws and regulations.

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