Loren Data's SAM Daily™

FBO DAILY - FEDBIZOPPS ISSUE OF AUGUST 22, 2013 FBO #4289
SOLICITATION NOTICE

H -- Fire Safety Surveys - Various Locations - GSA Region 10 - 10PM-13-0002 Supplemental Documents

Notice Date

8/20/2013
 

Notice Type

Combined Synopsis/Solicitation
 

NAICS

922160 — Fire Protection
 

Contracting Office

General Services Administration, Public Buildings Service (PBS), Design & Construction Contracting (10PCC), 400 15th Street SW, Auburn, Washington, 98001-6599, United States
 

ZIP Code

98001-6599
 

Solicitation Number

10PM-13-0002
 

Archive Date

9/19/2013
 

Point of Contact

Brian J. Davis, Phone: 253-931-7346
 

E-Mail Address

brian.davis@gsa.gov
(brian.davis@gsa.gov)
 

Small Business Set-Aside

Total Small Business
 

Description

Release Of Sensitive But Unclassified Information Form - MUST be submitted with signature in order to receive Sample Safety and Environmental Survey Report Fire Safety Survey Bid Sheets - Arranged By Group. *Please submit a completed bid sheet for EACH GROUP that you are submitting proposals* Information On Similar Projects - Complete and Submit 3 Individual Forms As Per RFQ Direction SF80 Proposal Form - Submit Signed Copy w/ Your Proposal Regional Office, Auburn WA Fire and Safety Surveys for Various Locations REQUEST FOR QUOTE: 10PM-13-0002 Issue Date: 08/20/2013 Your firm is invited to submit a quote for Fire and Safety Surveys. GSA requests that your firm provide technical information and a complete quote for this project for a period of performance not to exceed 90 calendar days following the effective date of the purchase order. The Request for Quote (RFQ) form and instructions are enclosed for your use. Quotes are due on September 3rd, 2013 by 2:00 pm (Pacific Time Zone). Please email your quote and direct all inquiries to the following (Faxes will not be accepted): Brian Davis Purchasing Agent, Program Support Team Acquisition Solutions Branch (10PCQ) 400 15th Street SW, Auburn, WA 98001-6599 Office: 253-931-7346 **This acquisition is a total 100% Small Business Set-Aside** 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. ACQUISITION MILESTONES/SCHEDULE (Estimated) 08/20/2013RFQ Issued 09/04/2013Technical Information and Price Quote Due 09/05/2013Review of quotes complete 09/06/2013Contract Award 09/06/2013Notice to Proceed TBD Post Award Meeting Final Reports Due 10 Working Days From Completion Of Survey(s) Checklist of items to submit: •Nondisclosure Of Sensitive But Unclassified Information Form (Submit signed form to brian.davis@gsa.gov in order to receive a copy of the sample Safety and Environmental Survey Report) PDF Document One: •Technical Information Letter •Qualifications of Contractor Personnel oResumes oCertificates •Past Performance On Similar Projects PDF Document Two: •SF18 Request For Quote •Schedule of prices/Bid Sheets TABLE OF CONTENTS SECTIONCONTENT 1.0INSTRUCTIONS 2.0STATEMENT OF WORK 3.0PRICE INFORMATION REQUIREMENTS 4.0TECHNICAL INFORMATION REQUIREMENTS 5.0BEST VALUE DETERMINATION/BASIS FOR AWARD 6.0COMMUNICATION AND REVISIONS 7.0TERMS AND CONDITIONS (ATTACHMENTS ARE AVAILABLE UPON REQUEST) Attachment 1Request for Quotation Attachment 2SF Form 18, Schedule of Values Attachment 4Qualification Requirements Attachment 5 Past Performance Surveys Attachment 6 Nondisclosure Of Sensitive But Unclassified Information Form GSA will be accepting technical documentation and quotes for the following six groups with the intent to award one to six purchase orders. Contractors are asked to provide itemized pricing for each group they are proposing for. The Fire Safety Surveys will be performed at the following locations: Group 1 Buildings - GSA Region 10 Southern Service Center (SSC): Contact Name: To be given at time of award Building No.Address/NameCity, StateArea in Sq. Ft. WA7803ZZSocial Security BuildingVancouver, WA11,195 OR6661ZZ1201 Lloyd BoulevardPortland, OR 6,477 OR6620ZZODS BuildingPortland, OR 5,601 OR6697ZZPittock BuildingPortland, OR 4,641 OR6499ZZEmpire Corp Park IIBend, OR 3,515 OR6522ZZWilson BuildingBend, OR 3,878 OR6660ZZOakstreet BuildingSalem, OR 9,733 Group 2 Buildings - GSA Region 10 Greater Puget Sound Service Center (GPSSC): Contact Name: To be given at time of award Building No.Address/NameCity, StateArea in Sq. Ft. WA7858ZZPort of SeattleSeaTac, WA 3,768 WA7874ZZSound Credit Union BuildingTacoma, WA 9,200 WA7714ZZBlaine Trade CenterBlaine, WA14,201 Group 3 Buildings - GSA Region 10 Northern Service Center (NSC): Contact Name: To be given at time of award Building No.Address/NameCity, StateArea in Sq. Ft. AK3296ZZJacobson BuildingYakutat, AK 2,927 AK3360ZZProspectus WarehouseAnchorage, AK10,000 AK3351ZZChamber of Commerce BuildingAnchorage, AK 3,859 AK3341ZZFrontier BuildingAnchorage, AK33,849 AK3244ZZCourthouse SquareFairbanks, AK 4,108 Group 4 Buildings - GSA Region 10 Eastern Service Center (ESC) Border Stations: Contact Name: To be given at time of award Building No.Address/NameCity, StateArea in Sq. Ft. ID0504ZZUS Border Station Hwy 95Eastport, ID 9,255 ID0505ZZBorder Station II Hwy 95Eastport, ID 1,310 ID0506ZZPump & Generator BuildingEastport, ID 570 ID0507ZZFDA Modular Hwy 95Eastport, ID 1,200 ID0552ZZGarage US Border StationPorthill, ID 505 ID0560ZZNew Border StationPorthill, ID 4,245 WA0124ZZOroville Border Station Oroville, WA40,325 Joint US/Canada WA0130ZZOroville Border StationOroville, WA24,024 Customs Truck Building WA0134ZZOroville Border StationOroville, WA 3,999 APHIS Building WA0550ZZBorder StationDanville, WA 4,368 WA0551ZZBorder Station & QuartersCurlew, WA 2,955 WA0552ZZGarage @ Border StationCurlew, WA 450 WA0553ZZStorage @ Border StationCurlew, WA 300 WA0601ZZBorder StationLaurier, WA 4,938 WA0602ZZResidence ImmigrationLaurier, WA 2,390 WA0603ZZresidence CustomsLaurier, WA 2,390 WA0611ZZBorder StationMetaline Falls, ID 4,550 WA0612ZZResidence ImmigrationMetaline Falls, ID 1,280 Group 5 Buildings - GSA Region 10 Childcare Centers: Contact Name: To be given at time of award Building No.Address/NameCity, StateArea in Sq. Ft. OR0033ZZ911 NE 11th AvePortland, OR 7,335 OR6485ZZ333 SW Third AvePortland, OR 9,275 WA0123ZZ520 15th St. SWAuburn, WA 7,772 WA7321ZZ1200 Sixth AveSeattle, WA 4,046 WA0954ZZ4735 E Marginal WaySeattle, WA 5,515 WA7595ZZ1602 Raymond Ave SWRenton, WA 5,595 WA7584ZZ1000 Second AveSeattle, WA 12,619 Group 6 Buildings - GSA Region 10 Northern Service Center (NSC) Border Stations: Contact Name: To be given at time of award Building No.Address/NameCity, StateArea in Sq. Ft. AK0521ZZMile 42 Haines Hwy Haines, AK 8,822 Border Station AK0522ZZMile 42 Haines Hwy Residence 1Haines, AK 1,940 AK0523ZZMile 42 Haines Hwy Residence 2Haines, AK 1,940 AK0524ZZMile 42 Haines Hwy Residence 3Haines, AK 1,940 AK0525ZZMile 42 Haines Hwy Res. StorageHaines, AK 300 AK0526ZZBorder Station Klondike HwySkagway, AK 6,565 AK0036ZZRecreation Building, AK HighwayAlCan B S 1,270 AK0037ZZPole Building, AK HighwayAlCan B S 894 AK0506ZZStation Building, AK HighwayAlCan B S 7,010 AK0507ZZService Building, AK HighwayAlCan B S17,150 AK0508ZZQuarters Building, AK HighwayAlCan B S10,930 AK0513ZZQuarters Building, AK HighwayAlCan B S11,502 AK0038ZZPokey Creek Border StationBoundary, AK 4,570 1.0INSTRUCTIONS 1.1GSA will be accepting quotes for Fire Safety Surveys at various locations in Oregon, Idaho, Alaska & Washington State. The period for government acceptance of the quote is 60 days following the RFP due date. 1.2These services are being procured as a competitive open market negotiated Request for Quote (RFQ), using source selection procedures, as authorized by parts 12 and 13 of the Federal Acquisition Regulation (FAR) and the General Service Administration Acquisition Manual (GSAM) located at: http://www.arnet.gov/far and http://www.arnet.gov/GSAM/gsam.html. This solicitation will result in the award of a best value, fixed price purchase order. One or more, but not necessarily all, of the evaluation procedures in FAR Part 15 may be used in accordance with FAR 13.106-2(b). 1.3The Government reserves the right to award single or multiple awards to the offeror(s) providing the best overall value for each specific facility in accordance with FAR 52.216.27. This combined synopsis/solicitation does not commit the Government to award a contract or to pay any costs incurred in proposal preparation. 1.4GSA's objective is to select the quote that offers the Best Value. "Best value" means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement. It is advised that firms submit an offer that represents the firm's best terms from a price and technical standpoint since the Government intends to award this contract to the offeror possessing the overall "best value" to the government utilizing the lowest price technically acceptable source selection process (FAR 15.101). The technical evaluation factors are (1) Technical Capability, (2) Qualifications Of Key Personnel, and (4) Price. (FAR 15.304). 1.5The government will evaluate the quality and extent of the offeror's experience relevant to the requirements of this RFQ. The government reserves the right to consider other sources of information such as current and past procurements, other federal agency contracts, commercial sources, and the Past Performance Information Retrieval System (PPIRS). The evaluation of past performance information will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, or subcontractors that will perform major or critical aspects of the requirements, when such information is relevant to the acquisition. 1.6Technical Information will be evaluated separately from the price quotes by a technical team and should be clearly labeled as the "Technical Information". Price shall not be discussed in the technical information document. 1.7Interested firms are cautioned to submit adequate and sufficient information to enable the Government to fully ascertain its capability to perform all of the requirements of this acquisition. The data submitted with each proposal should be complete and concise but not overly elaborate. 1.8The Government may make a final determination as to whether the offeror's proposal is acceptable or unacceptable solely on the basis of the initial proposal as submitted. Accordingly, offerors are advised to submit initial proposals that are fully and clearly acceptable without additional information. Offers which do not present sufficient information to permit a complete technical evaluation by the Government may be determined to be technically unacceptable. 1.9Per FAR Part 52.204-7 System For Award Management (July 2013), (b) (1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. 2.0STATEMENT OF WORK General Services Administration Public Buildings Service - Northwest/Arctic Region 10 Design and Construction Division (10PC) Regional Office, Auburn WA STATEMENT OF WORK: Fire and Safety Surveys for Various Locations Throughout Region 10 Contractor shall provide and conduct firesafety surveys of leased buildings and provide a written report with: •Cover sheet •Narrative of the building •Fill out a Fire Safety Survey Worksheet •Fill out a NFPA 101A Worksheet 8.6.1 of the NFPA 101A 2010 edition •Provide a one page (8 1/2" X 11" sheet) sketch of the building with all exits, stairwells, elevators and shafts identified as applicable. Provide all findings and recommendations within the body of the report as shown on the attached sheet for ease of entering into the IRIS Safety program by GSA. The RAC information will be provided by the GSA Regional Fire Protection Engineer. A copy of the Firesafety Worksheet, NFPA 101A Worksheet 8.6.1 and the GSA Form will be provided for the contractor to copy and use for all reports. A copy of a previous Safety and Environmental Survey Report is attached as an example of a report. The environmental portion will not be required as part of this survey and report. A contact person from the GSA Service Center will be provided in order to obtain the name and phone number of the lessor to arrange for a survey and a name and phone number of the agency contact so they will not be surprised when the contractor arrives at the building to conduct the survey. Contractor shall request assistance from the lessor to gain access to space as needed to provide the information for the Firesafety Survey worksheet. The space is a lease, so the primary concern is the ability of the agency personnel and the public visiting the agency can egress from the space and the building. Final reports are to be forwarded to the GSA Regional Fire Protection Engineer within 2 weeks at the completion of the trip to conduct the surveys. 3.0PRICE INFORMATION REQUIREMENTS 3.1Offeror shall submit pricing on the attached SF Form 18, Schedule Of Prices and Bid Sheets. The contents of the price proposal shall include a breakdown of lump sum prices which shows the total level of effort for each building with all associated costs shown separately to include estimated hours, hourly labor rates and calculations for project management, etc. Travel costs shall not exceed the Federal Travel Regulations (FTR) rates for the applicable geographical location. NOTE: Price information should be submitted as a PDF separate from the Technical information. 4.0TECHNICAL INFORMATION REQUIREMENT 4.1TECHNICAL PROPOSAL PDF DOCUMENT ONE REQUIREMENTS (Please do not send multiple PDF documents; scan into one document): •Cover Letter (No more than 1 page) •Technical Information (Factor 1 - Pricing shall not be mentioned) (No more than 3 pages) •Resumes of Key Personnel (Factor 2 - No more than 2 pages each) •Past Experience Information Sheets (Factor 3 - Use provided attachment template) 4.2 Evaluation Factors: Factor 1 - Technical Information Letter (No more than 3 pages) •Technical information must include information that demonstrates the firm's understanding of the requirements, technical approach, and the capability of the firm to perform the work described in the scope of work for this project within the stated period of performance. Each quotor shall submit a technical letter of no more than 3 pages that describes their proposed strategy, addresses the rationale and other resources that will be committed, and illustrates the interaction with the project team and property management team for this effort. The page limit for this technical information letter is no more than three (3) pages, double sided, 8 ½ x 11, 10 pitch. Factor 2 - Qualifications Of Key Personnel (No more than 2 pages each) •Any individual(s) proposed for performing the Fire Safety Surveys shall be a Registered Fire Protection Engineer with a minimum of 10 years experience, or a minimum of 10 years experience in the 804 series within the Federal Government. Offeror is required to submit certificates, resumes, and show documentation of past experience. •The quotor shall identify key personnel, explain the roles and responsibilities, and provide resumes exhibiting the qualifications and experience of each key person. Resumes shall document 10 years of experience within the last 10 years. Please include information on certifications, education, training and longevity with the firm. Factor 3 - Relevant Past Experience (Submit three using the attached template) •Each quotor shall provide a list of three similar and relevant projects completed within the last three (3) years using Attachment 1, Information On Similar Projects Template provided by the GSA. GSA defines similar projects as start-up and programming of systems similar in characteristics (estimated price, size, complexity, multiple locations, multiple-floor buildings, security levels, etc.) The greater the relevance of projects submitted the higher the rating. 5.0BEST VALUE DETERMINATION/BASIS FOR AWARD 5.1The Government intends to award one to six Purchase Order(s) to the responsible offeror(s) whose proposal constitutes the most advantageous approach to meeting the services outlined in the Scope of Work. Award will be made based on a best value basis utilizing the Lowest Price Technically Acceptable source selection method in accordance with FAR 15.101-2 and will consider qualifications of key personnel and other technical factors as described below. 5.2 Upon receipt of proposals, the Contract Specialist will review quotes for responsiveness. The Technical Evaluation Team will individually evaluate all quotes for technical quality and will score each factor as either Technically Acceptable or Unacceptable (Go or No Go). 5.3The contract will be awarded to the offer representing the best value to the government. The government will compare the technical information and the prices to determine the most advantageous combination for each portion or geographic location. The Government may reject any offer that is unrealistic in terms of program commitments, contract terms and conditions, or any offer that reflects an inherent lack of competence or fails to comprehend the complexity and risks of the program. An offer that is unrealistically high or low in price when compared to Government estimates may also be rejected. 5.4 EVALUATION FACTORS •The following evaluations factors will be used for award. All evaluation factors other than price, when combined, are equal to price. •Evaluation Factors Rating Value: oFactor 1 - Technical Information (30%) oFactor 2 - Qualifications Of Key Personnel (40%) oFactor 3 - Experience On Similar Projects (30%) •Evaluation Factor 1 - Technical Information (30%) oThe evaluation will consist of assessing the Offeror's technical approach to accomplish the requirements described in the SOW. The Government will evaluate the Offeror's capacity to meet the requirements of the contract. The Offeror must demonstrate a clear understanding of the nature and the scope of the work required. Failure to provide realistic, reasonable and complete information may reflect a lack of understanding of the requirements and may result in a determination that the vendor is technically unacceptable. The technical information letter will be evaluated so as to determine the appropriate level of effort, expertise and experience provided. This factor will be evaluated to assess the risk of successful performance based on the quality of the offeror's technical knowledge of control systems that either meets or exceeds the government's requirements as defined in the performance work statement. •Evaluation Factor 2 - Qualifications of Key Personnel (40%) oThe evaluation will consist of assessing the qualifications of key personnel proposed in order to determine their ability to deliver the services as defined in the Statement Of Work. The Fire Protection Engineer is defined by the Government as key personnel. The experience demonstrated by such personnel will be evaluated for relevancy and appropriateness to the contract. •Evaluation Factor 3 - Experience On Similar Projects (30%) oThe Technical Evaluation Team will analyze the risk and confidence level illustrated by the experience on similar projects in which the company has performed within the past three years. 6.0COMMUNICATIONS AND REVISIONS 6.1Contractors are cautioned to submit sufficient information and in the format specified in the instructions. Contractors may be asked to clarify certain aspects of their proposal (for example, the relevance of past performance information) or respond to adverse past performance information to which the contractor has not previously had an opportunity to respond. Communications may be conducted to resolve minor or clerical errors and the Government reserves the right to award a contract without the opportunity for quote revision. 6.2The Government intends to award based on initial offers; however, the Government reserves the right to conduct fact finding or communication sessions if the Contracting Officer later determines them to be necessary. If communication sessions are conducted, the means and methods (e.g., in person, telephonic, written) will be determined by the Contracting Officer. This may result in a request for revised price. If final price revisions will be required for award determination, at the direction of the Contracting Officer, the offeror shall then submit their Final Price Revision (FPR) for evaluation. Final selection and award will be made by the Contracting Officer to that offeror that provides the best value to the Government. 7.0TERMS AND CONDITIONS 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. As prescribed in 12.301(b)(4), insert the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Jan 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). ____ Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] ___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). __ X _ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). ___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (Jul 2010) (Pub. L. 111-5). __ X (6) 52.209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Dec 2010) (31 U.S.C. 6101 note). ___ (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313). ___ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). ___ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (11) [Reserved] ___ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. ___ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)). ___ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637 (d)(4).) ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (July 2010) of 52.219-9. ___ (16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). ___ X (17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (18) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (19) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer). ___ (ii) Alternate I (June 2003) of 52.219-23. ___ (20) 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting (Dec 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (21) 52.219-26, Small Disadvantaged Business Participation Program-Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). ___ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). ___ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)). ___ (24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)). ___ (25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)). ___ X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). ___ (27) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126). ___ X _(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). __ X _ (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). ___ X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). __ X _ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). __ X _ (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212). ___ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). ___ (34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (37) (i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423). ___ (ii) Alternate I (Dec 2007) of 52.223-16. ___ (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011). __ X (39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d). ___ (40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (Mar 2012) of 52.225-3. ___ (iii) Alternate II (Mar 2012) of 52.225-3. ___ (iv) Alternate III (Nov 2012) of 52.225-3. ___ (41) 52.225-5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ X (42) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). ___ (47) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor Registration (Oct. 2003) (31 U.S.C. 3332). ___ (48) 52.232-34, Payment by Electronic Funds Transfer-Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332). ___ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332). ___ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (51) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _ X _ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). ___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C.206 and 41 U.S.C. 351, et seq.). ___ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). ___ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). ___ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.). ___ (7) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). ___ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). ___ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.) (ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)). ___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.) (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.) (xii) 52.222-54, Employment Eligibility Verification (Jul 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. FAR 52.252-2Clauses Incorporated by Reference (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address: http://www.arnet.gov/far http://www.arnet.gov/GSAM/gsam.html (End of clause) 52.203-3Gratuities (APR 1984) 52.203-6Restrictions on Subcontractor Sales to the Government (SEP 2006) 52.204-7System For Award Management (JULY 2013) 52.212-1Instructions to Offerors - Commercial Items (FEB 2012) 52.212-4Contract Terms and Conditions - Commercial Items (FEB 2012) 52.214-22Evaluation of Bids for Multiple Awards (MAR 1990) 52.222-41Service Contract Act of 1965, as Amended (NOV 2007) 52.223-11Ozone-Depleting Substances (MAY 2001) 52.232-1Payments (APR 1984) 52.232-8 Discounts for Prompt Payment (FEB 2002) 52.233-1Disputes (JUL 2002) 52.233-3Protest after Award (AUG 1996) 52.237-2Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.243-1Changes - Fixed-Price (AUG 1987) 52.246-1Contractor Inspection Requirements (APR 1984) 52.249-1Termination for Convenience of the Government (Fixed-Price) (Short Form) (APR 1984) 52.249-8Default (Fixed-Price Supply and Service) (APR 1984) 552.232-70Invoice Requirements (SEP 1999) 552.252-5Authorized Deviations in Provisions (SEP 1999) 552.252-6Authorized Deviations in Clauses (SEP 1999) 52.204-13 52.204-13 Central Contractor Registration Maintenance 52.209-1Qualification Requirements (Feb 1995) 52.214-34 Submission of Offers in the English Language (Apr 1991) 52.214-35 Submission of Offers in U.S. Currency (Apr 1991) 52.222-49Service Contract Act- Place of Performance Unknown (May 1990) 52.223-5 Pollution Prevention and Right-to-Know Information (May 2011) 52.223-6Drug-Free Workplace (May 2001) 52.223-17Affirmative Procurement of EPA-designated Items in Service and Construction Contracts (May 2008) 52.242-17Government Delay of Work (April 1984) 52.245-1Government Property (April 2012) 52.245-2Government Property Installation Operation Services (April 2012) 52.249-4Termination for Convenience of the Government (Services) (Short Form) (April 1984) 52.252-3Alterations in Solicitation GSAM 552.212-71 Contract Terms and Conditions Applicable to GSA Acquisition of Commercial Items (JUL 2003) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The provision or clause in effect based on the applicable regulation cited on the date the solicitation is issued applies unless otherwise stated herein. The following provisions and clauses are incorporated by reference: (a) Provisions. X 552.237-70 Qualifications of Offerors (b) Clauses. X 552.203-71 Restriction on Advertising 552.211-73 Marking 552.215-70 Examination of Records by GSA 552.215-71 Examination of Records by GSA (Multiple Award Schedule) 552.215-72 Price Adjustment-Failure to Provide Accurate Information Price Adjustment-Failure to Provide Accurate Information 552.219-70 Allocation of Orders-Partially Set-Aside Items 552.228-70 Workers' Compensation Laws X 552.229-70 Federal, State, and Local Taxes 552.232-8 Discounts for Prompt Payment 552.232-23 Assignment of Claims X 552.232-71 Adjusting Payments X 552.232-72 Final Payment 552.232-73 Availability of Funds X 552.232-78 Payment Information X 552.237-71 Qualifications of Employees 552.238-71 Submission and Distribution of Authorized FSS Schedule Price List 552.238-74 Industrial Funding Fee and Sales Reporting X 552.238-75 Price Reductions 552.242-70 Status Report of Orders and Shipments 552.243-72 Modifications (Multiple Award Schedule) 552.246-73 Warranty-Multiple Award Schedule 552.246-76 Warranty of Pesticides 552.216-74 Task Order and Delivery Order Ombudsman 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a firm fixed price contract resulting from this solicitation. (End of provision) 52.212-3 Offeror Representations and Certifications-Commercial Items. As prescribed in 12.301(b)(2), insert the following provision: OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (APR 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "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 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 Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________. [Offeror to identify the applicable paragraphs at (c) through (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 only, and do not result in an update to the representations and certifications posted electronically on ORCA.] (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it o is, o 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 o is, o 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 o is, o 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 o is, o 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 o is, o is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It o is,o 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 o is, o 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 o is, o 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 o is, o is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it o 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 o is, o 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 CCR 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 o has, o 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 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.] (11) 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 o is, o is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and (ii) It o is, o is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246- (1) Previous contracts and compliance. The offeror represents that- (i) It o has, o has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It o has, o has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that- (i) It o has developed and has on file, o has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or (ii) It o 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 Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act-Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item" "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Supplies." (2) Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, 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 Act-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (4) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. 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) o Are, o are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) o Have, o 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) o Are, o 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) o Have, o have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed end products. Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________ (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in 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) o In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) o Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (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 o does o 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 o does o 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 normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). o TIN: ________________________________. o TIN has been applied for. o TIN is not required because: o Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; o Offeror is an agency or instrumentality of a foreign government; o Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. o Sole proprietorship; o Partnership; o Corporate entity (not tax-exempt); o Corporate entity (tax-exempt); o Government entity (Federal, State, or local); o Foreign government; o International organization per 26 CFR 1.6049-4; o Other ________________________________. (5) Common parent. o Offeror is not owned or controlled by a common parent; o Name and TIN of common parent: Name ________________________________. TIN _________________________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations. (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Sanctioned activities relating to Iran. (1) The offeror shall e-mail questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (End of provision)
 

Web Link

FBO.gov Permalink
(https://www.fbo.gov/spg/GSA/PBS/10PDC/10PM-13-0002/listing.html)
 

Place of Performance

Address: Various Locations throughout GSA Region 10 (Alaska, Idaho, Oregon & Washington) on behalf of GSA Region 10 Headquarters, 400 15th St SW, Auburn, Washington, 98001, United States

Zip Code: 98001
 

Record

SN03154631-W 20130822/130820235021-f4db71b77f9b61ab9f02e2aa130dd553 (fbodaily.com)
 

Source

FedBizOpps Link to This Notice
(may not be valid after Archive Date)

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