August Yellow Ribbon for 2-218
Notice type: Combo Synopsis
Posting date: July 8, 2019
Response date: July 24, 2019
Class Code: V231
NAICS: 721110: Hotels (except Casino Hotels) and Motels
Solicitation #: 11342909
Place of Performance: Portland, Oregon (15 Mile Radius)
SET Aside- Total Small Business
American Industry Classification System (NAICS) code for this acquisition is 721110. The United States Property and Fiscal Office of the Oregon Army National Guard is soliciting quotes to procure the following services:
I. Specifications, Requirements and Address
SPECIFICATIONS:
The Service Member and Family Support (SMFS) of the Oregon National Guard requests a vendor to provide conference space, catered meals, and lodging as outlined below in order to conduct a Yellow Ribbon Pre-Deployment Event and Resource Fair as outlined below.
Location: Portland Oregon
Period of Performance: 15-17 August 2019.
CLIN 001 Provide Double Occupancy Hotel Rooms - one (1) job
Provide sixty (60) Double Occupancy hotel rooms on 15 August and thirty (30) Double Occupancy hotel rooms on 16 August in accordance with the PWS
CLIN 0001 Total tiny_mce_marker____________________________________________
Contracting Office Address:
United States Property and Fiscal Office, ATTN: USPFO-P, 1776 Militia Way/PO Box 14350, Salem, Oregon 97309-5047
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.
The solicitation is No. 11342909 and is issued as a Request for Quote (RFQ). Request for Quotes are due by 24 July 2019 11:00 a.m. (PST). The RFQ will result in a firm fixed price contract. This solicitation is 100% set-aside for small businesses.
CLIN 002 PROVIDE Meals - one (1) job
Provide all Meals and beverage services in accordance with the PWS.
CLIN 0002 Total tiny_mce_marker____________________________________________
CLIN 003 Provide Event Space - one (1) job
Provide Event Space in accordance with the PWS
CLIN 0003 Total tiny_mce_marker____________________________________________
CLIN 0004- Army Contractor Manpower Reporting Requirement (yearly requirement). Include price for this reporting requirement (see requirement below) or indicate "No Charge".
CLIN 0004 TOTAL tiny_mce_marker_______________________________________
QUOTE TOTAL tiny_mce_marker________________________________________
Requirements for your quote: Please submit a quote on your company letterhead showing a price per contract line item (CLIN) with the total price at the bottom. Include the following information on your quote: Cage code, Tax ID number, company name, phone number, contact, and email. The award will only be made to an offeror that is all-inclusive of the requirements on this solicitation.
Clause 52.219-14 -- Limitations on Subcontracting By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for -- (1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern. (2) Supplies (other than procurement from a non-manufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.
Evaluation Criteria:
Award will be made to the lowest priced offeror that meets the minimum performance standards and is determined responsible in accordance with FAR Part 9.
This announcement is the solicitation which will result in a firm fixed-price contract.
Point of Contact:
Offerors can submit their quote any time before the due date to:
Deannie L. Darrow
Contract Specialist,
USPFO for Oregon P&C
deannie.l.darrow.civ@mail.mil
503-584-3435
II. PERFORMANCE WORK STATEMENT
Statement of Work
Oregon Army National Guard
Event Space, Catered Meals, and Lodging - August 15-17, 2019
Portland, Oregon (30 mile radius)
1.0 Overall Concept
1.1 The Service Member and Family Support (SMFS) of the Oregon National Guard requests a vendor to provide conference space, catered meals, and lodging as outlined below in order to conduct a Yellow Ribbon Pre-Deployment Event and Resource Fair as outlined below.
1.2 Lodging requirements:
Check In Date
Duration
Description
Quantity
August 15, 2019
One Night
Double Occupancy
60
August 16, 2019
One Night
Double Occupancy
30
1.3 Meal requirements:
Date
Description
Breakfast
Lunch
Snack
Beverages
Headcount
Headcount
Headcount
Headcount
August 16, 2019
Adult Meals
755
650
650
650
August 16, 2019
Child Meals
105
105
105
105
August 17, 2019
Adult Meals
400
400
330
330
August 17, 2019
Adult Meals
70
70
70
70
1.4 Date/Time:
Date
Description
Breakfast Time
Lunch Time
Snack Time
Beverages Time
August 16, 2019
Adult
7:30 am - 9:00 am
12:00 pm - 1:00 pm
2:30 pm
7:30 am to 10:30 am 11:30 am to 12:30 pm 2:30 pm to 4:00 pm
August 16, 2019
Children
With Adults
11:30 am - 12:30 pm
10:00 am & 2:30 pm
7:30 am to 9:00 am 11:30 am to 12:30 pm 2:30 pm to 4:00 pm
August 17, 2019
Adult
7:30 am - 9:00 am
12:00 pm - 1:00 pm
2:30 pm
7:30 am to 9:00 am 11:30 am to 12:30 pm 2:30 pm to 4:00 pm
August 17, 2019
Children
With Adults
11:30 am - 12:30 pm
10:00 am & 2:30 pm
7:30 am to 9:00 am 11:30 am to 12:30 pm 2:30 pm to 4:00 pm
1.5 Event Space:
Date
Times
Description
Quantity
Headcount
August 16, 2019
6:00 am - 6:00 pm
Registration space at entrance for event registration.
4 (8 ft. tables)
755
August 16, 2019
6:00 am - 6:00 pm
Conference room with banquet rounds setting. A/V capabilities required.
1
755
August 16, 2019
6:00 am - 6:00 pm
Breakout rooms with seating. A/V capabilities required.
2
375
August 16, 2019
6:00 am - 6:00 pm
Breakout room for United Through Reading Recording/ Staff Breaks
2
20
August 16, 2019
6:00 am - 6:00 pm
Resource tables space (lobby, wide hall ways, or centrally located room)
30 (8 ft. tables)
755
August 16, 2019
6:00 am - 6:00 pm
Childcare rooms with space for physical activity and/or age appropriate activity
(Infant, Pre-K, Elementary, Middle - High school)
4
105
(10, 30, 35, 30)
August 16, 2019
6:00 am - 6:00 pm
Registration space outside of childcare area to be used for childcare registration
2 (8 ft. tables)
105
Date
Times
Description
Quantity
Headcount
August 17, 2019
6:00 am - 6:00 pm
Registration space at entrance for event registration.
4 (8 ft. tables)
400
August 17, 2019
6:00 am - 6:00 pm
Conference room with banquet rounds setting. A/V capabilities required.
1
400
August 17, 2019
6:00 am - 6:00 pm
Breakout rooms with seating. A/V capabilities required.
2
200
August 17, 2019
6:00 am - 6:00 pm
Breakout room for United Through Reading
2
20
August 17, 2019
6:00 am - 6:00 pm
Resource tables space (lobby, wide hall ways, or centrally located room)
30 (8 ft. tables)
400
August 17, 2019
6:00 am - 6:00 pm
Childcare rooms with space for physical activity and/or age appropriate activity
(Infant, Pre-K, Elementary, Middle - High school)
4
70
(10, 20, 20, 20)
August 17, 2019
6:00 am - 6:00 pm
Registration space outside of childcare area to be used for childcare registration
2 (8 ft. tables)
70
2.0 Lodging Requirements
2.1 Conference: August 15, 2019 - Yellow Ribbon Pre‐Deployment Event
• Sixty (60) double occupancy rooms for the night of August 15, 2019.
2.2 Conference: August 16, 2019 - Yellow Ribbon Pre‐Deployment Event
• Thirty (30) double occupancy rooms for the night of August 16, 2019.
3.0 Meal Requirements
3.1 Conference: August 16, 2019 - Yellow Ribbon Pre‐Deployment Event
• 70 Gallons of Ice Water served throughout the entire day to be located near conference rooms and childcare rooms, 7:00 AM - 5:00 PM.
• Buffet style breakfast for 650 adults and 105 children. Please provide a selection of meals with bid.
o Breakfast for adults to be served, 7:30 AM - 9:00 AM.
• Morning Drinks, 7:30 AM - 10:30 AM:
o 35 Gallons - Regular Hot Coffee
o 12 Gallons - Decaf Hot Coffee
o 35 Gallons - Orange Juice
o 10 Gallons - Hot Water for Tea
o Assortment of different types of Tea for 130 cups of tea
• Morning snack of Graham Crackers and Apple Slices for 105 children, to be delivered in the childcare areas no later than 10:00 AM.
• Buffet style lunch for 650 adults. Please provide a selection of meals with bid.
o Lunch for adults to be served, 12:00 PM - 1:00 PM.
• Box lunches for 105 children to be delivered in the childcare area no later than 11:30 AM.
o Example meal: chicken tenders or chicken nuggets, bag of baked chips, fresh fruit (no grapes or strawberries), cookie or pudding cup, choice of juice, white or chocolate milk.
• Afternoon Drinks & Snacks, 2:30 PM:
o Assorted whole cookies and brownies (without nuts) for 650 adults.
o 45 Gallons of Ice Tea, sweet and unsweet options.
o 45 Gallons of Lemonade.
• Afternoon snack for 105 children to be delivered in the childcare area no later than 2:30 PM.
o Pretzels and fruit cup for 40 toddlers/ pre-k & popcorn and assorted vegetable tray for 65 elementary through high school.
• Children meals and snacks must not contain any item from the list in paragraph 4.2.
3.2 Conference: August 17, 2019 - Yellow Ribbon Pre‐Deployment Event
• 40 Gallons of Ice Water served throughout the entire day to be located near conference rooms and childcare rooms, 7:00 AM - 5:00 PM.
• Buffet style breakfast for 330 adults and 70 children. Please provide a selection of meals with bid.
o Breakfast for adults to be served, 7:30 AM - 9:00 AM.
• Morning Drinks, 7:30 AM - 10:30 AM:
o 25 Gallons - Regular Hot Coffee
o 8 Gallons - Decaf Hot Coffee
o 25 Gallons - Orange Juice
o 5 Gallons - Hot Water for Tea
o Assortment of different types of Tea for 65 cups of tea
• Morning snack of Graham Crackers and Apple Slices for 70 children, to be delivered in the childcare areas no later than 10:00 AM.
• Buffet style lunch for 330 adults. Please provide a selection of meals with bid.
o Lunch for adults to be served, 12:00 PM - 1:00 PM.
• Box lunches for 70 children to be delivered in the childcare area no later than 11:30 AM.
o Example meal: chicken tenders or chicken nuggets, bag of baked chips, fresh fruit (no grapes or strawberries), cookie or pudding cup, choice of juice, white or chocolate milk.
• Afternoon Drinks & Snacks, 2:30 PM:
o Assorted whole cookies and brownies (without nuts) for 650 adults.
o 30 Gallons of Ice Tea, sweet and unsweet options.
o 30 Gallons of Lemonade.
• Afternoon snack for 70 children to be delivered in the childcare area no later than 2:30 PM.
o Pretzels and fruit cup for 30 toddlers/ pre-k & popcorn and assorted vegetable tray for 40 elementary through high school.
• Children meals and snacks must not contain any item from the list in paragraph 4.2.
4.0 Special Meal Requirements
4.1 Quantity and meals are provided in Section 3.1 and 3.2 and are listed by date and time.
4.2 Special Requirements.
• Due to allergies and special needs, the following items will NOT be approved:
o Nuts or seeds of any kind (peanut butter, 7‐grain bread, etc.)
o Strawberries
o Grapes or olives
o Hot Dogs
4.3 A list of special dietary needs will be provided 72 hours before the event.
5.0 General Cleanup
5.1 All meals and food related items will be cleaned and sanitized throughout the food service area during the event.
5.2 Throughout the event, all tables will be sanitized and wiped clean.
5.3 Trash will be monitored and emptied into the facility's dumpster as they are filled, and will remain empty at the end of the event.
6.0 Performance Standards
6.1 The vendor will provide no less than the required amount of conference rooms stated in this SOW and the solicitation. If conference rooms, lodging or any other item identified in the CLINs of the contract are "double allocated," the vendor will ensure the government has precedence.
6.2 The vendor will ensure that lodging rooms are clean and sanitary based on local and state regulations.
6.3 The vendor will be responsible for all preparation and/or delivery of food on time. "On‐time" is defined as prepped and ready for serving no later than 10 minutes prior to scheduled meal times.
6.4 The vendor will ensure food is prepared in accordance will local and state regulations.
6.5 The vendor will provide meals in accordance with the SOW to include stated Special Requirements.
6.6 The vendor will ensure that eating areas are clean and sanitary based on local and state regulations. Final food serving table cleanup will also be conducted by food service provider.
6.7 The vendor will ensure all equipment requested in the solicitation and the SOW, as quoted on by the vendor, is in good working order.
6.8 The vendor will provide any proposed changes or needed changes to the COR in a timely manner. No changes will occur prior to approval from the Contract Officer.
7.0 Event Space Requirements
7.1 Conference: August 16, 2019 - Yellow Ribbon Pre‐Deployment Event
7.2 One (1) conference room, to comfortably accommodate 755 people in banquet rounds style seating.
• Audio/Visual requirements for this conference room to include: one (1) podium, one (1) projector, and (1) projector screen, two (2) wireless microphones, and sound patch. A/V package to be included during all conference hours.
7.3 Two (2) breakout rooms, to comfortably accommodate 375 people per room in afternoon, banquet rounds style seating.
• Audio/Visual requirements for this conference room to include: one (1) projector, and (1) projector screen, one (1) wireless microphone, and sound patch per room. A/V package to be included during all conference hours.
7.4 One (1) Lobby, wide hallway, or centrally located room to accommodate 30 resource/vendor tables, 50 resource providers and allow the 650 adult guests to walk through and around to visit the tables.
7.5 Two (2) Registration areas near entrances that allow 650 adult guests ability to register for the event as they arrive.
7.6 Two (2) breakout rooms, to comfortably accommodate twenty (20) adults. One (1) of the breakout rooms should have tables and chairs and will be used for staff breaks, staging, and storing excess items. One (1) of the breakout rooms should have one (1) table and three (3) chairs for audio/visual recording of book reading.
7.7 Four (4) Childcare registration areas outside the childcare areas to be used for childcare registration.
7.8 Four (4) separate rooms for childcare providers to provide age appropriate activities for child guests, separated into 4 age groups: infant, pre-k, elementary, and middle through high school aged. Each child is required 35 square feet, the breakdown is as follows:
• Infant room = 350sq.ft. (10 infants)
• Pre-K room = 1,050sq.ft. (30 pre-k)
• Elementary room = 1,225sq.ft. (35 elementary)
• Middle through High School room = 1,050sq.ft. (30 middle-high school)
7.9 All four (4) childcare rooms must meet the following criteria:
• Located in close proximity to each other and provide limited access to only our registered guests for safety purposes.
• Power should be accessible for small appliances provided by our childcare personnel, such as bottle warmers and baby swings.
• Located near a bathroom that can be cordoned off from other users of the facility to be used only for our childcare.
• No hotel rooms will be used to meet this childcare requirement.
7.10 Conference: August 17, 2019 - Yellow Ribbon Pre‐Deployment Event
7.11 One (1) conference room, to comfortably accommodate 400 people in banquet rounds style seating.
• Audio/Visual requirements for this conference room to include: one (1) podium, one (1) projector, and (1) projector screen, two (2) wireless microphones, and sound patch. A/V package to be included during all conference hours.
7.12 Two (2) breakout rooms, to comfortably accommodate 200 people per room in afternoon, banquet rounds style seating.
• Audio/Visual requirements for this conference room to include: one (1) projector, and (1) projector screen, one (1) wireless microphone, and sound patch per room. A/V package to be included during all conference hours.
7.13 One (1) Lobby, wide hallway, or centrally located room to accommodate 30 resource/vendor tables, 50 resource providers and allow the 330 adult guests to walk through and around to visit the tables.
7.14 Two (2) Registration areas near entrances that allow 330 adult guests ability to register for the event as they arrive.
7.15 Two (2) breakout rooms, to comfortably accommodate twenty (20) adults. One (1) of the breakout rooms should have tables and chairs and will be used for staff breaks, staging, and storing excess items. One (1) of the breakout rooms should have one (1) table and three (3) chairs for audio/visual recording of book reading.
7.16 Four (4) Childcare registration areas outside the childcare areas to be used for childcare registration.
7.17 Four (4) separate rooms for childcare providers to provide age appropriate activities for child guests, separated into 4 age groups: infant, pre-k, elementary, and middle through high school aged. Each child is required 35 square feet, the breakdown is as follows:
• Infant room = 350sq.ft. (10 infants)
• Pre-K room = 700sq.ft. (20 pre-k)
• Elementary room = 700sq.ft. (20 elementary)
• Middle through High School room = 700sq.ft. (20 middle-high school)
7.18 All four (4) childcare rooms must meet the following criteria:
• Located in close proximity to each other and provide limited access to only our registered guests for safety purposes.
• Power should be accessible for small appliances provided by our childcare personnel, such as bottle warmers and baby swings.
• Located near a bathroom that can be cordoned off from other users of the facility to be used only for our childcare.
• No hotel rooms will be used to meet this childcare requirement.
7.19 All conference rooms must be located on the same property.
7.20 All conference rooms must be indoors.
7.21 Cost will be inclusive of all taxes and service charges.
7.22 All setup and breakdown of tables and other vendor provided equipment will be conducted by the vendor.
7.23 Wi-Fi readily available throughout the facility from 6:00 am - 6:00 pm.
8.0 Security Requirements
8.1 All service providers shall be able to provide a valid driver's license, valid vehicle registration, and valid vehicle insurance to base security in order to gain access before gaining access to the site. All personnel will be subjected to a Law Enforcement Data System (LEDS) Background check. All individuals with unfavorable background checks will be banned from the installation. All contracted employees and subcontracted employees will be required to pass the required training below in order to come and go off site or maintain onsite for the duration of the requirement.
9.0 Antiterrorism/Operations Security Requirements
9.1 AT Level I Training: All contractor employees, to include subcontractor employees, requiring access Army installations, facilities and controlled access areas shall complete AT Level I awareness training. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR and to the contracting officer, within 10 days of award. AT Level I awareness training is available at the following website: http://jko.jten.mil.
9.2 iWATCH Training. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. There will be an AT/OPSEC handout for the contractor to review and a student log for the contractor to sign to complete this requirement. This training shall be completed and the results reported to the COR and the contracting officer within 10 days of award.
10.0 Contracting Manpower Recording Act (CMRA):
10.1 The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the National Guard Bureau via a secure data collection site.
10.2 The Contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at http://www.ecmra.mil
10.3 Unit Identification Code (UIC) for the Requiring Activity: W90KNA
10.4 Issuing Office DoDAAC: W912JV
11. Quality Control (QC): The contractor shall develop and maintain an effective quality control program (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's QCP is the means by which the contractor is assured the work complies with the requirement of the contract.
12. Contracting Officer's Representative (COR): The ORNG Contracting Officer's Representative for inspection and acceptance of deliverables under this task order, and will be physically located at the Event throughout the exercise period. The COR is authorized to represent the contracting officer in interpreting the technical requirements of this task order. However, the COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition.
13. Deliverable Guidelines:
Inspections and Acceptance: All deliverables must be submitted to and approved by the COR.
Notice Regarding Late Delivery: The contractor shall notify the COR as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The contractor shall include in the Problem Notification Report (PNR) the rationale for late delivery, the expected date for the delivery and the project impact of the late deliver.
The contractor must include the DSR with each invoice submitted for payment to the COR.
Develop and publish a formal plan to address procedures and resources available for on-site safety, ‘real-world' emergencies and life support capabilities. Plan must be submitted to contracting within 10 days of award.
III. Terms and Conditions:
Terms and Conditions:
Offerors must be actively registered on the Systems for Award Management database (SAM). Information concerning SAM requirements may be viewed via the Internet at https://www.sam.gov/portal/public/SAM/ or by calling the SAM Registration Center at 866-606-8220. Only contractors who are registered in the Systems for Award Management (SAM) can be awarded a contract. Offerors must have electronic funds transfer (EFT) capability. Offerors' proposals shall be valid for a minimum of 30 days to be acknowledged in the offerors' proposal. Contractors must be actively registered with Wide Area Work Flow (WAWF) at http://wawf.eb.mil. Clauses may be accessed electronically in full text through http://farsite.hill.af.mil.
FAR 52.203-19 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements
FAR 52.204-13 System for Award Management Maintenance
FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
FAR 52.204-16 Commercial and Government
Entity Code Reporting
FAR 52.204-18 Commercial and Government Entity Code Maintenance
FAR 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations
FAR 52.219-6, Notice of Total Small Business Set-Aside
FAR 52.219-28, Post Award Small Business Representation
FAR 52.222-3 Convict Labor
FAR 52.222-21, Prohibition Of Segregated Facilities.
FAR 52.222-26, Equal Opportunity.
FAR 52.222-41, Service Contract Labor Standards
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.232-33, Payment by Electronic Funds Transfer--System for Award Management.
FAR 52.222-50, Combating Trafficking in Persons.
FAR 52.222-55 Minimum Wages Under Executive Order 13658
FAR 52.222-62 Paid Sick Leave Under Executive Order 13706
FAR 52.223-18, Encouraging Contractor Policy to Ban Text Messaging While Driving
FAR 52.225-13 Restrictions on Certain Foreign Purchases
FAR 52.228-5 Insurance - Work on a Government Installation
FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award Management
FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
FAR 52.233-3 Protest After Award
FAR 52.233-4 Applicable Law for Breach of Contract Claim
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials
DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights
DFARS 252.203-7005,
DFARS 252.204-7008 Compliance with Safeguarding
Covered Defense Information Controls
DFARS 252.204-7011 Alternative Line Item Structure DFARS 252.204-7012, Safeguarding Unclassified Controlled Technical Information.
DFARS 252.204-7015 Disclosure of Information to Litigation Support Contractors
DFARS 252.232-7003, Electronic Submission of Payment Requests.
DFARS 252.232-7010, Levies on Contract Payments
DFARS 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel
DFARS 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax
DFARS 252.244-7000 Subcontracts for Commercial Items
52.212-1 Instructions to Offerors-Commercial Items.
As prescribed in 12.301(b)(1), insert the following provision:
Instructions to Offerors-Commercial Items (Oct 2018)
1. (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
2. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show-
a. (1) The solicitation number;
b. (2) The time specified in the solicitation for receipt of offers;
c. (3) The name, address, and telephone number of the offeror;
d. (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
e. (5) Terms of any express warranty;
f. (6) Price and any discount terms;
g. (7) "Remit to" address, if different than mailing address;
h. (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
i. (9) Acknowledgment of Solicitation Amendments;
j. (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
k. (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
3. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
4. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
5. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
6. (f) Late submissions, modifications, revisions, and withdrawals of offers.
a. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
b. (2)
i. (i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated
in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-
1. (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
2. (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
3. (C) If this solicitation is a request for proposals, it was the only proposal received.
ii. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
c. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
d. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
e. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the
solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
7. (g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
8. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
9. (i) Availability of requirements documents cited in the solicitation.
a. (1)
i. (i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-
GSA Federal Supply Service Specifications Section
Suite 8100 470 East L'Enfant Plaza, SW
Washington, DC 20407
Telephone (202) 619-8925
Facsimile (202) 619-8978.
ii. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.
b. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
i. (i) ASSIST ( https://assist.dla.mil/online/start/).
ii. (ii) Quick Search ( http://quicksearch.dla.mil/).
iii. (iii) ASSISTdocs.com (http://assistdocs.com).
c. (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by-
i. (i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
ii. (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
iii. (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.
d. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
10. (j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to
establish additional SAM records for identifying alternative EFT accounts (see
subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.
11. (k) [Reserved]
12. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
a. (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
b. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
c. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
d. (4) A summary of the rationale for award;
e. (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
f. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
52.212-2 Evaluation-Commercial Items.
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
Evaluation-Commercial Items (Oct 2014)
1. (a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
________________________________________________ ________________________________________________ ________________________________________________
[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304); and include them in the relative order of importance of the evaluation factors, such as in descending order of importance.]
Technical and past performance, when combined, are __________ [Contracting Officer state, in accordance with FAR 15.304, the relative importance of all other evaluation factors, when combined, when compared to price.]
2. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
3. (c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
52.212-3 ALT I Offeror Representations and Certifications -- Commercial Items (Jan 2017)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site located at http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision--
"Administrative merits determination" means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further
review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Arbitral award or decision" means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"Civil judgment" means--
(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.
(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.
"DOL Guidance" means the Department of Labor (DOL) Guidance entitled: "Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces' ". The DOL Guidance, dated August 25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.
"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.
"Enforcement agency" means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal Employment Opportunity Commission, the Occupational Safety and Health Review Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct
investigations of potential labor law violations. The enforcement agencies associated with each labor law under E.O. 13673 are--
(1) Department of Labor Wage and Hour Division (WHD) for--
(i) The Fair Labor Standards Act;
(ii) The Migrant and Seasonal Agricultural Worker Protection Act;
(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act;
(v) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;
(vi) The Family and Medical Leave Act; and
(vii) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors);
(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--
(i) The Occupational Safety and Health Act of 1970; and
(ii) OSHA-approved State Plans;
(3) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for--
(i) Section 503 of the Rehabilitation Act of 1973;
(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974; and
(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);
(4) National Labor Relations Board (NLRB) for the National Labor Relations Act; and
(5) Equal Employment Opportunity Commission (EEOC) for--
(i) Title VII of the Civil Rights Act of 1964;
(ii) The Americans with Disabilities Act of 1990;
(iii) The Age Discrimination in Employment Act of 1967; and
(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).
"Forced or indentured child labor" means all work or service-
(6) 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
(7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
"Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
"Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
"Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
"Labor compliance agreement" means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.
"Labor laws" means the following labor laws and E.O.s:
(1) The Fair Labor Standards Act.
(2) The Occupational Safety and Health Act (OSHA) of 1970.
(3) The Migrant and Seasonal Agricultural Worker Protection Act.
(4) The National Labor Relations Act.
(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.
(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.
(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).
(8) Section 503 of the Rehabilitation Act of 1973.
(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
(10) The Family and Medical Leave Act.
(11) Title VII of the Civil Rights Act of 1964.
(12) The Americans with Disabilities Act of 1990.
(13) The Age Discrimination in Employment Act of 1967.
(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).
(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).
"Labor law decision" means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of "labor laws".
"Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except-
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
"Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
"Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor.
"Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate-
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology-
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
"Service-disabled veteran-owned small business concern"-
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
"Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
"Subsidiary" means an entity in which more than 50 percent of the entity is owned-
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
"Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
"Veteran-owned small business concern" means a small business concern-
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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.
Note to paragraph (a): By a court order issued on October 24, 2016, the following definitions in this paragraph (a) are enjoined indefinitely as of the date of the order: "Administrative merits determination", "Arbitral award or decision", paragraph (2) of "Civil judgment", "DOL Guidance", "Enforcement agency", "Labor compliance agreement", "Labor laws", and "Labor law decision". The enjoined definitions will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(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 (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only,
and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is 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 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) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [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.
11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
____ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, pro
