FBODaily.com | FedBizOpps: PRESOL | 61 | PREVENTIVE AND/OR REMEDIAL MAINTENANCE OF UNIINTERUPTIBLE POWER SUPPLY (UPS) SYSTEM AND ASSOCIATED BATTERIES - Attachment 1 Price Schedule

FBO DAILY - FEDBIZOPPS ISSUE OF MAY 07, 2016 FBO #5279
SOLICITATION NOTICE

61 -- PREVENTIVE AND/OR REMEDIAL MAINTENANCE OF UNIINTERUPTIBLE POWER SUPPLY (UPS) SYSTEM AND ASSOCIATED BATTERIES - Attachment 1 Price Schedule

Notice Date: 5/5/2016
Notice Type: Combined Synopsis/Solicitation
NAICS: 811219 — Other Electronic and Precision Equipment Repair and Maintenance
Contracting Office: Department of the Treasury, Internal Revenue Service (IRS), Field Operations Branch Southeast (OS:A:P:B:S), 2888 Woodcock Boulevard, Suite 300, (Stop 80-N), Atlanta, Georgia, 30341
ZIP Code: 30341
Solicitation Number: TIRSE16R00001
Point of Contact: Margaret M Baker, Phone: 404-338-9213
E-Mail Address: margaret.baker@irs.gov
(margaret.baker@irs.gov)
Small Business Set-Aside: Total Small Business
Description: Schedule of Services and Prices Attachment 1 This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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 number is TIRSE-16-R-00001 and is being issued as a Request for Proposal. This is a Commercial Item (CI) procurement using Simplified Acquisition Procedures (SAP) prescribed in FAR 13.5 to establish a contract for preventive and remedial maintenance of uninterruptible power supply systems, and associated batteries, as specified in the Statement of Work (SOW). The Contractor will be solely responsible for full compliance with all Federal, State, Local and all other applicable laws, policies, rules and regulations. Provisions and clauses incorporated into the solicitation document are those in effect through Federal Acquisition Circular 05-87. The acquisition will be conducted as a 100% small business set aside under North American Industry Classification System (NAICS) Code is: 811219 - Small Business Size Standard of $20.5 Million. A firm-fixed price/labor hour/time and material contract will be awarded to the offeror whose offer is considered to be the best overall value to the Government considering price and other factors. Contractors must be registered in System for Award Management (SAM) to be awarded the contract resulting from this solicitation. OFFERS WILL NOT BE ACCEPTED FROM FIRMS THAT ARE SUSPENDED, DEBARRED, OR PROPOSED FOR DEBAREMENT. I. OVERVIEW The Internal Revenue Service (IRS) has a need for preventive and remedial maintenance of uninterruptible power supply systems and associated batteries. The uninterruptible power supply (UPS) systems provide backup for building power systems in the event that building power fails and the system must be operational in the event of a power failure. The building locations included in this acquisition have critical computer systems that would become inoperative if the power fails. These systems are critical to the IRS mission in that they are key components of Call Sites, Automated Collection Sites and Submission Processing sites. If they are not running, key elements of the IRS Mission will not be met. The UPS systems allow the computers to return to operational status almost immediately. If they are not working properly and a power failure occurs, potentially the computers could be down for several days. II. GENERAL/PERFORMANCE WORK STATEMENT/SPECIFICATIONS A. SCOPE: The contractor shall furnish all labor/personnel, travel, material, equipment, tools, parts and supervision necessary for to provide/perform preventive and remedial maintenance of uninterruptible power supply systems and associated batteries. The contractor shall also test and repair equipment and perform repairs on an emergency basis, as needed and outlined herein. This contract shall be a performance based contract for a period of performance consisting of a base period of 06/01/16 through 05/31/2017; plus two (2) one-year option periods, beginning 6/01/17 and ending 5/31/2019. B. GENERAL: The Contractor shall provide preventive maintenance services on a recurring interval, consistent with commercial practices (interval to be specified at the time of award) and remedial maintenance services on an as-needed (emergent or otherwise) basis. The Contractor shall maintain the listed equipment in a normal operating condition and perform all services necessary to keep equipment operational. Service shall include parts replacement to guard against malfunctions and breakdown of the equipment. The IRS maintains service documentation, manuals, and drawings for the installed systems that were provided to the IRS by the Manufacturer. The Contractor will have access to this information but will not be allowed to remove it from site. In the event the IRS is not able to provide the above documentation, the Contractor shall acquire required documentation from the manufacturer, or other source, for use under this contract. If the government substantially adds to the amount of equipment, removes equipment or relocates equipment, during the course of the contract, the government will extend to the Contractor an opportunity to recover/reduce costs for PM and RM services at the affected facilities through an equitable adjustment..C. PERSONNEL The Contractor shall maintain adequate factory trained service personnel throughout the period of the contract. Personnel shall be highly qualified and trained technicians, individually certified to perform service on all pieces of the equipment identified in this statement of work, i.e. UPS systems, battery systems, and auxiliary systems. The Contractor shall have staffing that is trained to repair several types of UPS systems, particularly the systems identified in the Price Schedule, and the capability to respond to emergency requests in seven different states within hours. D. UPS SYSTEMS/EQUIPMENT: The UPS systems and associated batteries to be maintained/repaired are in 10 locations in six states that include Georgia, Maryland, Tennessee, Virginia, Louisiana and Florida. The locations and type of equipment and associated batteries at each location are listed on the line items in the Schedule Services and Prices. E. WORKING HOURS: Work under this contract shall be performed during normal working hours - between 7:30 AM and 5:00 PM, Monday through Friday, except Federal holidays which include New Year's Day, Martin Luther King, Jr's. Birthday (observed), President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day and/or any other day designated by Federal Statute, Executive Order, or Presidential Proclamation. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be the cause for an additional period of performance or entitlement of compensation except as set forth within the contract. E. SPECIFIC TASKS/SPECIFICATIONS: 1. General a. The Contractor shall maintain a central dispatch operation that receives calls 24 hours per day, seven days per week. The Contractor shall coordinate any switching of power with the COR at least 72 hours in advance of operating any circuit breakers, disconnects, etc. (opening or closing), which could result in a loss of power to the UPS system/equipment being protected. The Contractor shall make no modification to any system or equipment which would, or could, degrade or void the manufacturers' warranty. Copies of the applicable warranties will be provided to the successful offeror. b. Parts Replacement The Contractor shall supply and install replacement parts from equipment manufacturer, unless otherwise approved by the COR. The contractor shall notify the COR when replacement parts that are not covered under the fixed price for preventive maintenance are needed. The notification shall include the name and description of the part, along with a breakdown of the total price of parts and labor. All non-temporary equipment repairs or replacements made under this contract for any reason shall be made with new components identical to the original equipment or parts or equipment equal to or better than the original. Temporary replacement parts shall be provided at no additional cost to the Government. This includes subsequent trip(s) made to affect repairs at the facility with parts not previously available when the defect was discovered. The Contractor shall warrant to the Government that any parts supplied under this contract are free from defects in material and workmanship under normal use and service. The Contractor shall repair or replace the defective parts at no additional cost to the Government. 2. Preventive Maintenance (PM) Preventive Maintenance includes those services necessary to keep equipment fully operational and operating in normal conditions by providing for systematic inspection, detection, and correction of incipient failures either before they occur or before they develop into major defects The Contractor shall provide Preventive Maintenance in accordance with manufacturers' guidelines. PM services shall include parts replacement, according to industry standards, to guard against malfunctions and breakdown/failure of the equipment. Under certain circumstances replacement of UPS components, correction of distribution problems, battery problems, or safety precautions, may require power isolation in certain sections, or certain components, etc. In the event this type of isolation becomes necessary, the Contractor shall make every effort possible to accomplish the work without downtime to the equipment that the UPS serves. This must be accomplished on a site by site basis by checking with COR or other designee. In the event downtime is required to accomplish the isolation, Contractor shall notify the COR, who will determine the extent and impact of downtime and duration, and schedule it in advance. In general, all UPS installations have either internal or external maintenance bypass mechanisms which allow normal utility power to handle the UPS load during PM activity. If thunderstorms are in the area during the PM, inform Information Systems (IS) Manager at the location through the COR that there is potential for a service interruption which the UPS would not handle because it is in bypass mode. At the option of the COR and IS Manager, PM may be delayed up to one (1) hour, without additional charge to the government. PM work performed outside of normal work hours or on holidays, at the Contractor's election, will not be subject to additional pay. Requests from the contractor to perform PM outside normal working hours shall be submitted in writing to the Contracting Officer's Representative (COR) at least 14 days in advance for approval. 3. Remedial Maintenance (RM) a. Remedial Maintenance is defined as a repair service that is required because equipment has malfunctioned and is the immediate action required to ensure that the equipment covered by this contract will be restored to operate within the manufacturer's published specifications. RM may be required as a result of a failure, catastrophic or otherwise, or as the result of a PM inspection/test which indicates that if a deteriorating condition is not corrected in the near future, failure is eminent. Any defects discovered shall be promptly reported to the COR. Upon a determination that a repair is needed, the contractor shall provide a quote that contains the name of the equipment, a description of the needed repair, an estimated or fixed-price, that includes a breakdown of each labor category and respective hourly rate for the repair, cost/price of any parts needed, and any other pertinent information to the COR. Repairs needed as a result of negligence or misuse of the equipment by Contractor personnel will be made at no cost to the Government. The Contractor shall ensure the equipment is restored to a fully operational condition within a timeframe agreed upon between the contractor and COR, dependent upon the equipment, facility needs and the extent of the repair needed. When necessary, the Contractor shall put the equipment on by-pass and notify the COR. b. Emergency Repairs Emergency repairs are those needed when equipment has unexpectedly failed and immediate attention is required to bring equipment to a fully operational condition. The Contractor shall maintain a central dispatch operation that receives calls 24 hours per day, seven days per week, to accommodate emergency calls. The standardized emergency request response time to address the corrective repair of the UPS system shall be within 24 hours after being contacted by the COR. If the repair is anticipated to exceed 24 hours, the contractor shall coordinate and get approval from the COR for additional time to complete the repair. c. Major Repairs Major repairs are defined as work required to prevent a breakdown of a piece of equipment, or system, or to put it back in service after a breakdown (failure) when the cost exceeds or is expected to exceed $10,000 for labor, materials and parts. This dollar limit applies to each individual repair job that may be required. The Government has the option of having major repairs performed by another contractor based on a competitive procurement action conducted by the Contracting Officer. 4. Maintenance Plan: Within 30 days after contract award, the Contractor shall submit a written Maintenance Plan to the COR for approval showing planned PM Schedule, contact information in case of emergency, information regarding parts availability, other pertinent information. If the motor generator bearing needs to be replaced, the Contractor shall schedule with the COR or other designee 30 days in advance of starting the repair process 5. EQUIPMENT REPLACEMENT The contractor shall promptly notify the COR, in writing, when it is determined the equipment needs to be replaced. F. Quality of Work All repairs or alterations to the system(s) made by the Contractor as part of this contract shall meet the applicable requirements of local, state and national codes. In addition, work shall comply with applicable rules, regulations or standards of the Underwriters Laboratories (UL), recognized independent testing laboratories, American Institute of Electrical and Electronic Engineers (IEEE), National Electrical Manufacturers Association (NENIA), The National Fire Protection Association (NFPA), The American National Standards Institute (ANSI) and the Occupational Safety and Health Administration (OSHA). G. REPORTS: During PM visits, the Contractor shall furnish the COR with a list of minor non- technical work which the Government should perform between preventive maintenance inspections to ensure that problems will be minimized until the next inspection. Such activities might include relocating items stored in close proximity to the units which prevent proper air flow, eliminating sources of air contamination, dust, excessive heat, etc. Logs: The Contractor shall maintain a log of all pertinent test data gathered during any PM or RM inspection. He shall also keep a chronological log of all problems encountered and remedial action taken. Upon completion of work the Contractor shall submit a copy of these logs to the COR and leave a complete copy on-site for future reference. Service Reports The Contractor shall submit a written report, including infrared and actual photographs, to the COR within fourteen (14) calendar days after completion of each PM and RM. The report shall identify the problems encountered, the tests performed and the action taken to remedy the problem. The report shall also include the following information: a. Name, serial number and location of each item of equipment or device tested and the type of test performed. b. The results of each inspection and any maintenance performed or any part replaced. List all actual measurements taken and certify whether or not the readings are within the range of the manufacturer's recommendations or industry standards. c. Certification by the Contractor that all tests have been performed as described in this contract specification and that each unit is operating satisfactory. d. The time the Contractor arrived at the site and his departure time. e. Contractor shall prepare a detailed checklist for each piece of equipment with the name and location of all devices and shall use it as part of the reporting procedure. A copy of each report shall remain at the site. PM and RM Reports: Upon completion of all PM or RM, copies of all logs and test and service reports shall be forwarded to the COR and IRS Project Manager. Names and mailing address shall be furnished at time of award. Contractor shall package and identify each submittal to ensure prompt delivery without damage; all postage and fees associated with submission will be borne by Contractor. H. MANUFACTURER'S RECOMMENDATIONS/CHECKLISTS: The Contractor shall conduct all maintenance and repairs in accordance with manufacturers' published recommendations. It is the responsibility of the Contractor to obtain any necessary maintenance manuals and other recommendations from the manufacturer. The Contractor shall not make modifications to the systems which would degrade or void the Manufacturers' warranty. The Contractor shall use the Manufacturer's checklist for preventive maintenance inspection of a piece of equipment if there is one. If there is no checklist, the Contractor will develop one based on the manufacturer's recommendations. Any checklist developed must be approved by the COR and IRS Project Manager. I. QUALITY CONTROL PLAN (QCP) The contractor shall establish and maintain a complete quality control program to ensure services are efficiently performed and all contract requirements are met effectively. The Government intends to rely upon the contractor's Quality Control Plan (QCP) for enforcement and monitoring of the quality of services. The plan shall provide for regularly scheduled and unscheduled inspections of all contract services and address, at a minimum, the contractor's inspection system, system for identifying/correcting deficiencies, and system for tracking/reporting inspections. J. QUALIFICATIONS OF CONTRACTOR PERSONNEL Personnel employed by the Contractor shall be qualified and certified to maintain the type of equipment to which they are assigned. As requested, the Contractor shall provide documentation to establish that the company has employees that are certified and have experience (that can be verified) in servicing and maintaining rotary UPS, static UPS, maintenance free and flooded cell (wet) battery systems. Documentation should also include evidence of experience with UPS related equipment such as paralleling switchgear (including synchronizing equipment), battery chargers, D.C. disconnects, distribution switchboards, etc. Contractor personnel shall be experienced in the use and interpretation of test instrument data, including the use of infrared camera scanning of electrical and mechanical equipment. All work shall be performed by skilled craftsmen of the trade directly employed and supervised by the Contractor. The maintenance personnel performing the actual testing and work shall have hands on experience and be qualified to maintain and repair the applicable systems. Certification to this effect shall be made available to the COR upon his request. K. PERFORMANCE REQUIREMENTS SUMMARY TABLE: a. The Performance Requirements Summary Table (PRST) is provided as Attachment 3. The purpose of this attachment is to identify the contract requirements in a summary format as follows: Required Service (Column 1): This column contains a brief summary of each service requirement either identified as a Contract Line Item Number (CLIN) or as a subline of a CLIN from the Schedule of Services and Prices. Paragraph Number (Column 2): This column contains the paragraph number of the requirement in price schedule. of the solicitation corresponding to the required service. Standard (Column 3): This column identifies the performance standard of the required service to be met. Acceptable Quality Level (AQL) (Column 4): This column shows the acceptable quality level used by the Government when performing Payment Analysis based on Deduction Projection. Refer to "Payment Deduction Clause" below. Defective performance in excess of the AQL is unsatisfactory. Method of Surveillance (Column 5): This column shows the method of surveillance anticipated for the service requirement. The following methods are available and more than one may be used for each service requirement: Random Sampling, Planned Sampling, 100 Percent Inspection, Validated Customer Complaints, and Unscheduled Inspection. The Government is not restricted to using the methods chosen and shown in Column 5. Portion of Required Service to Total Contract Price (Column 6): TO BE COMPLETED BY THE OFFEROR, and submitted as specified in. This column represents the maximum of the contract value that can be deducted for nonperformance or unsatisfactory performance of a service requirement or subtask. The Contractor shall indicate the percentages of the total overall effort for contract work for the items identified in the corresponding "Required Service" column. The deduction is 100% of the CLIN value if there is only one performance task associated with the requirement. If there are two or more performance tasks, each is expressed as percentage of the CLIN value. The subtask percentages shown total to 100% of the CLIN value. The CLIN prices in the Price Schedule (Section B) at the time of contract award are the basis for these values. L. DEDUCTIONS: It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of the specifications and requirements in this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications, and deductions, may therefore, be made as specified in this section. In accordance with FAR clause 52.249-2, Termination for Convenience of the Government (Fixed Price), the Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. Failure to perform the task in Performance Requirement Summary Table (PRST) may result in contract deductions. Deductions tables will be developed through negotiations conducted after award based on the cost associated with each of the task listed in PRST. If the contractor fails to complete repairs as prescribed above, the Government may contract with another Contractor to have the necessary repairs performed and reduce Contractor's payment by the cost of those repairs. M. AUTHORITY - CONTRACTING OFFICER/CONTRACT SPECIALIST, CONTRACTING OFFICER'S REPRESENTATIVE, AND CONTRACTOR'S PROJECT MANAGER 1. Contracting Officer/Contract Specialist The Contracting Officer (CO) for administration of this contract is: To be provided at time of award The Contract Specialist (CS) for administration of this contract is: To be provided at time of award In accordance with Subpart 1.6 of the Federal Acquisition Regulation, the CO is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The CS may serve as CO on actions within the CS's warrant authority, The CS is the primary point of contact for questions regarding this contract. 2. Contracting Officer's Representative (COR) The Contracting Officer's Representative (COR) for this contract is: To be provided at time of award The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified contract. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have authority to alter the Contractor's obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify contract obligations or the statement of work, changes will be issued in writing and signed by the Contracting Officer. 3. Project Manager The Contractor's designated Project Manager for this contract will be provided with contractor's proposal. The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager shall be able to fluently read, write, and speak the English language. N. PLACE OF PERFORMANCE: Services under this contract shall be performed in 10 locations in six states that include Georgia, Maryland, Tennessee, Virginia, Louisiana and Florida. A list of the equipment to be maintained under this contract and the respective location of each piece of equipment is identified in the Schedule of Services and Prices. O. SITE VISITS. SITE VISITS WILL BE AVAILABLE UPON REQUEST. IF A SITE VISIT IS NEEDED PLEASE E-MAIL Michael Hummel at Michael.A.Hummel@irs.gov. P. DELIVERY SCHEDULE: The Contractor shall provide preventive maintenance coverage for all UPS systems included in the contract. The number of preventive maintenance calls during the term of the contract is limited to twice a year, which includes one annual preventive maintenance and one semi-annual maintenance. Preventive maintenance is to be performed in accordance with manufacturers' specifications and it shall be performed at a time mutually agreed upon by the local point of contact and the service vendor. The number of corrective maintenance is unlimited. Q. PROTECTION AND CLEANING OF BUILDINGS AND STRUCTURE: While performing work, the Contractor shall take necessary precautions to protect building surfaces, structure(s), equipment, etc. that are in close proximity to a UPS. Contractor shall repair, at his own expense, any damage to adjacent surfaces, fixtures, equipment, etc., that were not authorized by the Government. Such repair or replacement shall be completed to the satisfaction of the Contracting Officer or COR. The Contractor shall collect and remove all dirt, rubbish, and debris generated as a result of its work. R. INVOICE REQUIREMENTS: (a) An original invoice shall be submitted at www.ipp.gov and include the following: (1) Company's name and Taxpayer Identification Number (TIN) (2) Invoice date (3) Contract Number (4) Description, price, period covered, and quantity of property and services actually delivered or received (5) Shipping and payment terms. (6) Name (where practicable), title, phone number, and complete mailing address of responsible individual to whom questions concerning payment or invoice may be addressed. (b) Contractor shall invoice monthly for services performed during the previous month, payment will be monthly in arrears. Services will be invoiced at the monthly rate contained in the schedule. Contractor shall ensure that billing is timely and accurate. S. FINAL PAYMENT Before final payment is made, the Contractor shall furnish the Contacting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically excepted by the contractor form the release. If the Contractor's claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may also be required of the assignee. The final (last) payment will be delayed approximately 45 days to ensure all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the contract is closed out. T. OTHER CONTRACT TERMS AND CONDITIONS Security Restrictions: While at IRS locations, Contractor personnel performing work under this contract will be escorted by an IRS Employee or Contractor personnel with Staff Like access. The Contractor's employees will be restricted to areas where the equipment is located, routes between the parking area and work site, and access to restrooms and food dispensing areas. If it is determined that a Contractor employee requires staff like access, that employee will be required to undergo a background check. The Contractor shall promptly notify the COR in the event an employee is terminated to ensure that non-employees are not granted access to the site. Permits, Licenses and Certificates In the performance of work under this contract, the contractor shall be responsible for obtaining all necessary permits, licenses and certificates and for complying with all applicable Federal, State and Municipal laws. The Contractor shall be responsible for all fees and assessments associated with each permit, license or certificate necessary under this contract. Schedule of Insurance Coverage: In accordance with FAR 28.307 and clause 52.228-5 the following minimum coverage shall apply to this contract: (a) Worker's compensation and employer's liability: The Contractor is required to comply with applicable Federal and State worker's compensation and occupational health statutes. If occupational diseases are compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operation are so co- mingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of atleast $100,000 is required; except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (b) GENERAL LIABILITY: The Contractor is required to maintain bodily injury liability insurance coverage written of at least $ 1,000,000 per occurrence. (c) After award, the contractor must present to the Contracting Officer prior to commencing work under this contract, evidence of the insurance coverage listed in paragraphs (a) and (b) above. This evidence shall contain an endorsement that any cancellation of material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer gives written notice of cancellation or change to the Contracting Officer within 30 days prior to the effective date of the cancellation or change. When coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Contracting Officer's prior approval. Type of Contract - FAR 52.216-1 (APR 1984) The Government contemplates award of a combination firm fixed price, and labor hour/time-and-material type contract resulting from this solicitation. Service of Protest - FAR 52.233-2 (SEP 1996) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: IRS, General Legal Services Public Contract Law Branch, 1111 Constitution Ave., NW, Room 6404, Washington, DC 20024 The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. U. FAR/AGENCY CLAUSES: FAR CLAUSE 52.212-4 CONTRACT, TERMS AND CONDITIONS - COMMERCIAL ITEMS (May 2015) applies to this action. FAR Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS (Mar 2016) APPLIES TO THIS ACTION. (1) 52.203-6 Alt. 1, Restrictions on Subcontractor Sales to the Government (Sept 2006, w (Alt. 1) (Oct 1995) (2) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015 (3) 52-209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015 (5) 52.219-6, Notice of Total Small Business (Set-Aside) (Nov 2011) (6) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (7) 52.219-14, Limitations on Subcontracting (Nov 2011) (8) 52.219-28, Post Award Small Business Program Representation (July 2013) (9) 52.222-3, Convict Labor (June 2003) (10) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (11) 52.222-26, Equal Opportunity (Apr 2015) (12) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (13) 52.222-36, Affirmative Action for Workers with Disabilities (July 2014) (14) 52.222-37, Employment Reports on Veterans (Feb 2016) (15) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (16) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (17) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (18) 52.222-41, Service Contract Act of 1965 (May 2014) Contractors are required to pay employees working under Government contracts valued at more than $2,500.00 no less than the minimum wage and fringe benefits specified in applicable wage determinations. You may obtain copies of applicable wage determinations from the Department of Labor website http://www.wdol.gov/Index.aspx. The following wage determinations apply to this action: 2005-2115 (Jacksonville, FL), 2005-2133 (Atlanta, GA), 2005-2233 (New Orleans, LA), 2005-2247 (Baltimore, MD), 2005-2497 (Nashville, TN), and 2005-2545 (Richmond, VA). (19) 52.222-42 -Statement of Equivalent Rates for Federal Hires-( May 2014) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332. The equivalent class of employee is electrician, maintenance and the equivalent grade is WG 10. The hourly rate in Atlanta, GA is $26.34. (20) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (21) 52.232-40, Providing Accelerated Payments to Small Business (Dec 2013) (22) 52.222-17, Nondisplacement of Quality Workers (May 2014) (23 DT52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) (Aug 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (24) 1052.232-7003 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Aug 2012) The U.S. Department of the Treasury, Financial Managements Internet Payment Platform (IPP) is a government-wide electronic payment information service that replaces the Payment Advice Internet Delivery (PAID) system. IPP allows vendors to receive their remittance information from their financial institution. Effective October 31, 2008, IPP replaced the PAID system. Former PAID users have been automatically migrated to IPP and need to complete the initial provisioning process from the new user ID, temporary password, and web address sent by Treasury. This is necessary in order to log in to the IPP and view or download payment information. New vendors may register on-line at https://ipp.gov. For additional information, refer to the IPP Customer Support at (866) 973-3131. The IPP will continue to support the following notification services previously offered by PAID: Web access only to remittance data, no payment notification emails sent, payment notification without remittance detail, and payment notification with remittance detail. Users may select event-driven notifications and schedule the frequency. Vendors can only access their own payment data. IPP remittance information includes the following data: ACH trace number, supplier name, agency name, payment status, issue date, invoice number, PO number, invoice amount, discount amount, payment amount, bank name, and bank address. The IPP will collect payment data for 18 months, which will be available for search, display and download. Payment information will be uploaded to the IPP daily from Treasury systems on the date of payment. (End of Clause) (25) IR1052.232-7003 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Aug 2012) (a) Definitions: "Short payment" as used in this clause means an invoice that includes the cost or price for supplies or services delivered or performed, as well as the cost or price for supplies or services not yet tendered to the Government in accordance with the terms of the contract, order or agreement. Short payment example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP, the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words, the IRS would "short pay" the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP, the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received. The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, assuming that these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted. (b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment through the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address https://www.ipp.gov. Contractors must complete the contractor point of contact information below, and submit it with their proposal submissions. Contractors may contact the IPP Helpdesk for assistance via e-mail at ippgroup@bos.frb.org or via phone at (866) 973-3131. Once a contract award has been made, the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. (c) Contractor Point of Contact Information Contractor Name: Contractor IPP Point of Contact Name: Contractor Phone Number: Contractor E-mail Address: (d) Electronic Invoicing and Payment Requirements Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. In order to be approved for payment, a proper invoice must list the items specified in FAR 52.232-25 (a)(3)(i) through (a)(3)(x), or in the case of a Commercial Item Contract, the items included in 52.212-4(g)(1)(i) through (g)(1)(x). Under this contract, the following documents are required to be submitted as an attachment to the invoice (Contracting Officer fills in additional documentation that must be furnished by the contractor (e.g. timesheet)): Contracting Officer other required documentation to be furnished by contractor (e) Payment and Invoice Questions For payment and invoice questions, contact the Beckley Finance Center at (304) 254-3372 or via e-mail at cfo.bfc.ipp.customer.support@irs.gov. (f) Waiver If the Contractor is unable to use the IPP for submitting payment requests starting on October 1, 2012, then a waiver form must be completed and submitted with the contractors proposal submission for review and approval by the Contracting Officer based on one of the conditions listed in the waiver form included as Attachment 1 to this clause. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied. If the waiver is granted, then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned. (g) Short Payment Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid. (End of Clause) (26 ) IR1052.232-7003 W Internal Revenue Service(IRS) Invoice Processing Platform(IPP) Waiver Form The IRS invoicing and payment requirements clause (IR1052.232-7003) requires that all invoices under awards made (or effective) on or after October 1, 2012, be submitted electronically via the IPP unless a waiver is requested and granted. If the Contractor is unable to submit its invoice through the IPP, the Contractor shall complete this waiver form indicating the reason for the waiver request by selecting the appropriate box below and providing a narrative summarizing in detail the circumstances requiring a waiver. For a solicitation, submit the waiver form with the proposal submission. For a modification that incorporates the IPP clause into an existing contract, submit the form with the modification. The CO will notify the vendor via e-mail or another appropriate means of communication prior to award as to whether their waiver has been approved or denied. If the waiver is granted, then a copy of the approved waiver must be submitted with each invoice that the vendor submits to the payment office or the invoice will be returned. Reason for requesting a waiver of the requirement to submit an electronic invoice via the IPP: 1. Submission of invoices through IPP would impose a hardship on an individual (includes employees and sole proprietors) due to: either a physical or mental disability; a geographic, language, or literacy barrier; or an undue financial burden. The requirement to submit invoices through the IPP is automatically waived for all individuals who do not have payment capability using ACH with a U.S. financial institution. 2. The political, financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically. 3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify area/location.) 4. The submission of invoices electronically may pose a threat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised. 5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e., the invoice submission is non-recurring. 6. The contractor customarily submits a high volume of invoices on a regular basis via file format, not currently supported by the IPP (i.e., uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burden to the contractor if submitted through the IPP individually. If utilizing this exception, please identify the file formats supported by your invoicing system so that the IPP may consider implementing the requested file format at a later date. File format(s) used: 7. Other - Please explain Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 through 7). Attachment 1 Waiver Submitted By: Contractor Name Name of Person Submitting Request for Waiver Title Signature of Person Submitting Request for Waiver (electronic signature not acceptable) E-mail Address Phone No. Contract/Order No. Date Submitted Waiver Approved By: Contracting Officers Name Printed Contracting Officers Signature Date (electronic signature is not acceptable) (27) DT1052.232-7003 Electronic Submission of Payment Requests (August 8, 2012) (a) Definitions. As used in this clause-- (1) Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), Payment documentation and process and the applicable Payment clause included in this contract. (2) [Reserved] (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. (End of clause) (28) 52.217-8 -- Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of expiration of the contract. (End of Clause) (29) 52.217-9 -- Option to Extend the Term of the Contract. (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months. (End of Clause) (30) AB 1052.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (Mar 2015)(DEVIATION 2015-00003) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause) (31) 52.249-2, Termination for Convenience of the Government (Fixed Price) (APR 2012) V. SOLICITATION PROVISIONS: 52.212-1 Instructions to Offerors -Commercial Items (OCT 2015) Addendum to 52.212-1 1. Communications and questions concerning this solicitation or requests for clarification shall be made in writing to the Contract Specialist electronically at margaret.baker@irs.gov. All requests will be answered electronically and provided to all Offerors, via solicitation amendment at the Internet site, www.fbo.gov. Questions about the RFP shall be received no later than May 12, 2016. When submitting questions and comments, please refer to the specific text of the RFP in the following format: Subject: RFP No. TIRSE-16-R-00001 Reference: RFP Section, Paragraph(s), and Page(s)____ 2. Proposal preparation and submission: All perspective Offerors shall read and understand all parts of the SOW, instructions to Offerors, and evaluation factors prior to responding of submitting a proposal. Submissions that do not follow instructions may be disqualified from further consideration, Proposals shall include the following: Technical Approach - The offeror must demonstrate an understanding of the IRS requirement, explain its approach to accomplish the effort, and define a sound approach to ensure timely availability of appropriate personnel. The Offeror must also address its plan/capability to have technicians available and provide emergency repairs to all of the sites listed on time as specified herein. Technical Experience - The Offeror must indicate its years of experience with UPS maintenance. Personnel Qualifications - The Offeror must indicate the names, years of experience, and certifications of technicians expected to work under the contract. Past Performance - Past performance information will be obtained, in part, through questionnaires tailored to the circumstances of this acquisition. The Offeror shall provide a Past Performance Questionnaire (see Attachment 3) to at least three references for which same or similar services have been provided. Such services must of the same/similar magnitude as services to be provided under the contract resulting from this solicitation. Selected references must return the completed questionnaire to the Contract Specialist by e-mail as instructed on the questionnaire. Also, Offerors shall provide 3 references that are recent (within the last 3 years) and relevant to the requirements of the solicitation (UPS Maintenance) Price - Offerors shall complete the Schedule of Services and Prices at Attachment 1. Proposals must be received by the Contract Specialist by no later than noon (Eastern Time) May 18, 2016. Proposals shall be submitted electronically to Margaret.baker@irs.gov. At a minimum, proposals must include: (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This includes response to all evaluation factors and may include product literature, or other documents, if necessary; (4) Terms of any express warranty; (5) Price and any discount terms; (6) "Remit to" address, if different than mailing address; (7) 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; (8) Acknowledgment of Solicitation Amendments, if any; (9) 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 (10) 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. 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) (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: I. Technical Approach - The offeror must demonstrate an understanding of the IRS requirement, explain its flexible process to accomplish the effort, and define a sound approach to ensure timely availability of appropriate personnel. The Offeror must also address its plan/capability to have technicians available and provide emergency repairs to all of the sites listed on time. II. Technical Experience - The Offeror must indicate its years of experience with UPS maintenance. III. Past Performance - This factor will be evaluated on the basis of information obtained concerning the Offerors' performance on contracts consistent in scope and complexity and must be recent (within the last 3 years) and relevant (UPS maintenance). Offerors are to note that, in conducting this evaluation, the Government reserves the right to use both data provided by the Offeror and data obtained from other sources, including, but not limited to: Contractor Performance Assessment Reporting Systems (CPARS), or similar systems of other Government departments and agencies; Defense Contract Management Agency (DCMA); interviews with program managers and Contracting Officers, and other sources known to the Government, including commercial sources. This information may include data on efforts performed by other divisions, critical subcontractors, or teaming contractors, if such resources will be brought to bear or significantly influence the performance of the proposed effort. IV. Personnel Qualifications - The Offeror must indicate the names, years of experience, and certifications of technicians expected to work under the contract. V. Price - The Offeror's total price proposal for the fixed price preventive maintenance and labor rate proposed for the corrective maintenance, for the base and all option years will be used to determine if their pricing is fair and reasonable for the work to be accomplished. (1) Comparison of proposed prices received in response to the solicitation; (2) Comparison of the proposed price with prices found reasonable on previous purchases; (3) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price; (4) A comparison with similar items in a related industry; (5) The contracting officer's personal knowledge of the item being purchased; (6) Comparison to an independent Government estimate; or (7) Any other reasonable basis. Competitive RangeCompetitive Range Determination: Upon completion of the aforementioned evaluations, the Government may establish a competitive range based on the Technical Approach, Past Performance, and Price. Those Offerors that are not in the competitive range will not be considered further for award. Award Type for this contract is: firm fixed price/labor hour The Government intends to award a single contract as the result of this solicitation.. Offers that do not address all requirements specified in this solicitation will not be considered further for award. Basis of Award. For purposes of this solicitation. Offerors will be rated technically, based on the overall rating levels. When combined, past performance and technical factors are equal in importance to price. When evaluated, as technical scores become more even among competing proposals, price carries a greater weight in the best value analysis. The Government is not obligated to award to the highest technical proposal or the lowest priced proposal. The selection will be made on the proposal having the best overall value to the Government.. 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (FEB 2016 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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision, which may be obtained from https://www.acquisition.gov/?q=/browse/far/52 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. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (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 productis 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"- "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. "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 SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM 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 (p) 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 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 □ 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 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, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB 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. 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 □ 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. (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, 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-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-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) 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, Panamanian, 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-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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-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-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary](4) Buy American-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, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (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 statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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) □ 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) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of 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 Labor Standards 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 the SAM 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). □ TIN: ________________________________. □ TIN has been applied for. □ TIN is not required because: □ 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; □ Offeror is an agency or instrumentality of a foreign government; □ Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. □ Sole proprietorship; □ Partnership; □ Corporate entity (not tax-exempt); □ Corporate entity (tax-exempt); □ Government entity (Federal, State, or local); □ Foreign government; □ International organization per 26 CFR 1.6049-4; □ Other ________________________________. (5) Common parent. □ Offeror is not owned or controlled by a common parent; □ 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) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and (ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions 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 Certifications. 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; (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; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (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. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it o has or o does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 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 number is TIRSE-16-R-00001 and is being issued as a Request for Proposal. This is a Commercial Item (CI) procurement using Simplified Acquisition Procedures (SAP) prescribed in FAR 13.5 to establish a contract for preventive and remedial maintenance of uninterruptible power supply systems, and associated batteries, as specified in the Statement of Work (SOW). The Contractor will be solely responsible for full compliance with all Federal, State, Local and all other applicable laws, policies, rules and regulations. Provisions and clauses incorporated into the solicitation document are those in effect through Federal Acquisition Circular 05-87. The acquisition will be conducted as a 100% small business set aside under North American Industry Classification System (NAICS) Code is: 811219 - Small Business Size Standard of $20.5 Million. A firm-fixed price/labor hour/time and material contract will be awarded to the offeror whose offer is considered to be the best overall value to the Government considering price and other factors. Contractors must be registered in System for Award Management (SAM) to be awarded the contract resulting from this solicitation. OFFERS WILL NOT BE ACCEPTED FROM FIRMS THAT ARE SUSPENDED, DEBARRED, OR PROPOSED FOR DEBAREMENT. I. OVERVIEW The Internal Revenue Service (IRS) has a need for preventive and remedial maintenance of uninterruptible power supply systems and associated batteries. The uninterruptible power supply (UPS) systems provide backup for building power systems in the event that building power fails and the system must be operational in the event of a power failure. The building locations included in this acquisition have critical computer systems that would become inoperative if the power fails. These systems are critical to the IRS mission in that they are key components of Call Sites, Automated Collection Sites and Submission Processing sites. If they are not running, key elements of the IRS Mission will not be met. The UPS systems allow the computers to return to operational status almost immediately. If they are not working properly and a power failure occurs, potentially the computers could be down for several days. II. GENERAL/PERFORMANCE WORK STATEMENT/SPECIFICATIONS A. SCOPE: The contractor shall furnish all labor/personnel, travel, material, equipment, tools, parts and supervision necessary for to provide/perform preventive and remedial maintenance of uninterruptible power supply systems and associated batteries. The contractor shall also test and repair equipment and perform repairs on an emergency basis, as needed and outlined herein. This contract shall be a performance based contract for a period of performance consisting of a base period of 06/01/16 through 05/31/2017; plus two (2) one-year option periods, beginning 6/01/17 and ending 5/31/2019. B. GENERAL: The Contractor shall provide preventive maintenance services on a recurring interval, consistent with commercial practices (interval to be specified at the time of award) and remedial maintenance services on an as-needed (emergent or otherwise) basis. The Contractor shall maintain the listed equipment in a normal operating condition and perform all services necessary to keep equipment operational. Service shall include parts replacement to guard against malfunctions and breakdown of the equipment. The IRS maintains service documentation, manuals, and drawings for the installed systems that were provided to the IRS by the Manufacturer. The Contractor will have access to this information but will not be allowed to remove it from site. In the event the IRS is not able to provide the above documentation, the Contractor shall acquire required documentation from the manufacturer, or other source, for use under this contract. If the government substantially adds to the amount of equipment, removes equipment or relocates equipment, during the course of the contract, the government will extend to the Contractor an opportunity to recover/reduce costs for PM and RM services at the affected facilities through an equitable adjustment..C. PERSONNEL The Contractor shall maintain adequate factory trained service personnel throughout the period of the contract. Personnel shall be highly qualified and trained technicians, individually certified to perform service on all pieces of the equipment identified in this statement of work, i.e. UPS systems, battery systems, and auxiliary systems. The Contractor shall have staffing that is trained to repair several types of UPS systems, particularly the systems identified in the Price Schedule, and the capability to respond to emergency requests in seven different states within hours. D. UPS SYSTEMS/EQUIPMENT: The UPS systems and associated batteries to be maintained/repaired are in 10 locations in six states that include Georgia, Maryland, Tennessee, Virginia, Louisiana and Florida. The locations and type of equipment and associated batteries at each location are listed on the line items in the Schedule Services and Prices. E. WORKING HOURS: Work under this contract shall be performed during normal working hours - between 7:30 AM and 5:00 PM, Monday through Friday, except Federal holidays which include New Year's Day, Martin Luther King, Jr's. Birthday (observed), President's Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day and/or any other day designated by Federal Statute, Executive Order, or Presidential Proclamation. It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not be the cause for an additional period of performance or entitlement of compensation except as set forth within the contract. E. SPECIFIC TASKS/SPECIFICATIONS: 1. General a. The Contractor shall maintain a central dispatch operation that receives calls 24 hours per day, seven days per week. The Contractor shall coordinate any switching of power with the COR at least 72 hours in advance of operating any circuit breakers, disconnects, etc. (opening or closing), which could result in a loss of power to the UPS system/equipment being protected. The Contractor shall make no modification to any system or equipment which would, or could, degrade or void the manufacturers' warranty. Copies of the applicable warranties will be provided to the successful offeror. b. Parts Replacement The Contractor shall supply and install replacement parts from equipment manufacturer, unless otherwise approved by the COR. The contractor shall notify the COR when replacement parts that are not covered under the fixed price for preventive maintenance are needed. The notification shall include the name and description of the part, along with a breakdown of the total price of parts and labor. All non-temporary equipment repairs or replacements made under this contract for any reason shall be made with new components identical to the original equipment or parts or equipment equal to or better than the original. Temporary replacement parts shall be provided at no additional cost to the Government. This includes subsequent trip(s) made to affect repairs at the facility with parts not previously available when the defect was discovered. The Contractor shall warrant to the Government that any parts supplied under this contract are free from defects in material and workmanship under normal use and service. The Contractor shall repair or replace the defective parts at no additional cost to the Government. 2. Preventive Maintenance (PM) Preventive Maintenance includes those services necessary to keep equipment fully operational and operating in normal conditions by providing for systematic inspection, detection, and correction of incipient failures either before they occur or before they develop into major defects The Contractor shall provide Preventive Maintenance in accordance with manufacturers' guidelines. PM services shall include parts replacement, according to industry standards, to guard against malfunctions and breakdown/failure of the equipment. Under certain circumstances replacement of UPS components, correction of distribution problems, battery problems, or safety precautions, may require power isolation in certain sections, or certain components, etc. In the event this type of isolation becomes necessary, the Contractor shall make every effort possible to accomplish the work without downtime to the equipment that the UPS serves. This must be accomplished on a site by site basis by checking with COR or other designee. In the event downtime is required to accomplish the isolation, Contractor shall notify the COR, who will determine the extent and impact of downtime and duration, and schedule it in advance. In general, all UPS installations have either internal or external maintenance bypass mechanisms which allow normal utility power to handle the UPS load during PM activity. If thunderstorms are in the area during the PM, inform Information Systems (IS) Manager at the location through the COR that there is potential for a service interruption which the UPS would not handle because it is in bypass mode. At the option of the COR and IS Manager, PM may be delayed up to one (1) hour, without additional charge to the government. PM work performed outside of normal work hours or on holidays, at the Contractor's election, will not be subject to additional pay. Requests from the contractor to perform PM outside normal working hours shall be submitted in writing to the Contracting Officer's Representative (COR) at least 14 days in advance for approval. 3. Remedial Maintenance (RM) a. Remedial Maintenance is defined as a repair service that is required because equipment has malfunctioned and is the immediate action required to ensure that the equipment covered by this contract will be restored to operate within the manufacturer's published specifications. RM may be required as a result of a failure, catastrophic or otherwise, or as the result of a PM inspection/test which indicates that if a deteriorating condition is not corrected in the near future, failure is eminent. Any defects discovered shall be promptly reported to the COR. Upon a determination that a repair is needed, the contractor shall provide a quote that contains the name of the equipment, a description of the needed repair, an estimated or fixed-price, that includes a breakdown of each labor category and respective hourly rate for the repair, cost/price of any parts needed, and any other pertinent information to the COR. Repairs needed as a result of negligence or misuse of the equipment by Contractor personnel will be made at no cost to the Government. The Contractor shall ensure the equipment is restored to a fully operational condition within a timeframe agreed upon between the contractor and COR, dependent upon the equipment, facility needs and the extent of the repair needed. When necessary, the Contractor shall put the equipment on by-pass and notify the COR. b. Emergency Repairs Emergency repairs are those needed when equipment has unexpectedly failed and immediate attention is required to bring equipment to a fully operational condition. The Contractor shall maintain a central dispatch operation that receives calls 24 hours per day, seven days per week, to accommodate emergency calls. The standardized emergency request response time to address the corrective repair of the UPS system shall be within 24 hours after being contacted by the COR. If the repair is anticipated to exceed 24 hours, the contractor shall coordinate and get approval from the COR for additional time to complete the repair. c. Major Repairs Major repairs are defined as work required to prevent a breakdown of a piece of equipment, or system, or to put it back in service after a breakdown (failure) when the cost exceeds or is expected to exceed $10,000 for labor, materials and parts. This dollar limit applies to each individual repair job that may be required. The Government has the option of having major repairs performed by another contractor based on a competitive procurement action conducted by the Contracting Officer. 4. Maintenance Plan: Within 30 days after contract award, the Contractor shall submit a written Maintenance Plan to the COR for approval showing planned PM Schedule, contact information in case of emergency, information regarding parts availability, other pertinent information. If the motor generator bearing needs to be replaced, the Contractor shall schedule with the COR or other designee 30 days in advance of starting the repair process 5. EQUIPMENT REPLACEMENT The contractor shall promptly notify the COR, in writing, when it is determined the equipment needs to be replaced. F. Quality of Work All repairs or alterations to the system(s) made by the Contractor as part of this contract shall meet the applicable requirements of local, state and national codes. In addition, work shall comply with applicable rules, regulations or standards of the Underwriters Laboratories (UL), recognized independent testing laboratories, American Institute of Electrical and Electronic Engineers (IEEE), National Electrical Manufacturers Association (NENIA), The National Fire Protection Association (NFPA), The American National Standards Institute (ANSI) and the Occupational Safety and Health Administration (OSHA). G. REPORTS: During PM visits, the Contractor shall furnish the COR with a list of minor non- technical work which the Government should perform between preventive maintenance inspections to ensure that problems will be minimized until the next inspection. Such activities might include relocating items stored in close proximity to the units which prevent proper air flow, eliminating sources of air contamination, dust, excessive heat, etc. Logs: The Contractor shall maintain a log of all pertinent test data gathered during any PM or RM inspection. He shall also keep a chronological log of all problems encountered and remedial action taken. Upon completion of work the Contractor shall submit a copy of these logs to the COR and leave a complete copy on-site for future reference. Service Reports The Contractor shall submit a written report, including infrared and actual photographs, to the COR within fourteen (14) calendar days after completion of each PM and RM. The report shall identify the problems encountered, the tests performed and the action taken to remedy the problem. The report shall also include the following information: a. Name, serial number and location of each item of equipment or device tested and the type of test performed. b. The results of each inspection and any maintenance performed or any part replaced. List all actual measurements taken and certify whether or not the readings are within the range of the manufacturer's recommendations or industry standards. c. Certification by the Contractor that all tests have been performed as described in this contract specification and that each unit is operating satisfactory. d. The time the Contractor arrived at the site and his departure time. e. Contractor shall prepare a detailed checklist for each piece of equipment with the name and location of all devices and shall use it as part of the reporting procedure. A copy of each report shall remain at the site. PM and RM Reports: Upon completion of all PM or RM, copies of all logs and test and service reports shall be forwarded to the COR and IRS Project Manager. Names and mailing address shall be furnished at time of award. Contractor shall package and identify each submittal to ensure prompt delivery without damage; all postage and fees associated with submission will be borne by Contractor. H. MANUFACTURER'S RECOMMENDATIONS/CHECKLISTS: The Contractor shall conduct all maintenance and repairs in accordance with manufacturers' published recommendations. It is the responsibility of the Contractor to obtain any necessary maintenance manuals and other recommendations from the manufacturer. The Contractor shall not make modifications to the systems which would degrade or void the Manufacturers' warranty. The Contractor shall use the Manufacturer's checklist for preventive maintenance inspection of a piece of equipment if there is one. If there is no checklist, the Contractor will develop one based on the manufacturer's recommendations. Any checklist developed must be approved by the COR and IRS Project Manager. I. QUALITY CONTROL PLAN (QCP) The contractor shall establish and maintain a complete quality control program to ensure services are efficiently performed and all contract requirements are met effectively. The Government intends to rely upon the contractor's Quality Control Plan (QCP) for enforcement and monitoring of the quality of services. The plan shall provide for regularly scheduled and unscheduled inspections of all contract services and address, at a minimum, the contractor's inspection system, system for identifying/correcting deficiencies, and system for tracking/reporting inspections. J. QUALIFICATIONS OF CONTRACTOR PERSONNEL Personnel employed by the Contractor shall be qualified and certified to maintain the type of equipment to which they are assigned. As requested, the Contractor shall provide documentation to establish that the company has employees that are certified and have experience (that can be verified) in servicing and maintaining rotary UPS, static UPS, maintenance free and flooded cell (wet) battery systems. Documentation should also include evidence of experience with UPS related equipment such as paralleling switchgear (including synchronizing equipment), battery chargers, D.C. disconnects, distribution switchboards, etc. Contractor personnel shall be experienced in the use and interpretation of test instrument data, including the use of infrared camera scanning of electrical and mechanical equipment. All work shall be performed by skilled craftsmen of the trade directly employed and supervised by the Contractor. The maintenance personnel performing the actual testing and work shall have hands on experience and be qualified to maintain and repair the applicable systems. Certification to this effect shall be made available to the COR upon his request. K. PERFORMANCE REQUIREMENTS SUMMARY TABLE: a. The Performance Requirements Summary Table (PRST) is provided as Attachment 3. The purpose of this attachment is to identify the contract requirements in a summary format as follows: Required Service (Column 1): This column contains a brief summary of each service requirement either identified as a Contract Line Item Number (CLIN) or as a subline of a CLIN from the Schedule of Services and Prices. Paragraph Number (Column 2): This column contains the paragraph number of the requirement in price schedule. of the solicitation corresponding to the required service. Standard (Column 3): This column identifies the performance standard of the required service to be met. Acceptable Quality Level (AQL) (Column 4): This column shows the acceptable quality level used by the Government when performing Payment Analysis based on Deduction Projection. Refer to "Payment Deduction Clause" below. Defective performance in excess of the AQL is unsatisfactory. Method of Surveillance (Column 5): This column shows the method of surveillance anticipated for the service requirement. The following methods are available and more than one may be used for each service requirement: Random Sampling, Planned Sampling, 100 Percent Inspection, Validated Customer Complaints, and Unscheduled Inspection. The Government is not restricted to using the methods chosen and shown in Column 5. Portion of Required Service to Total Contract Price (Column 6): TO BE COMPLETED BY THE OFFEROR, and submitted as specified in. This column represents the maximum of the contract value that can be deducted for nonperformance or unsatisfactory performance of a service requirement or subtask. The Contractor shall indicate the percentages of the total overall effort for contract work for the items identified in the corresponding "Required Service" column. The deduction is 100% of the CLIN value if there is only one performance task associated with the requirement. If there are two or more performance tasks, each is expressed as percentage of the CLIN value. The subtask percentages shown total to 100% of the CLIN value. The CLIN prices in the Price Schedule (Section B) at the time of contract award are the basis for these values. L. DEDUCTIONS: It is the objective of the Government to obtain complete and satisfactory performance in accordance with the terms of the specifications and requirements in this contract. To this end, the Government is contracting for the complete performance of each task identified in the specifications, and deductions, may therefore, be made as specified in this section. In accordance with FAR clause 52.249-2, Termination for Convenience of the Government (Fixed Price), the Government may terminate performance of work under this contract in whole or, from time to time, in part if the Contracting Officer determines that a termination is in the Government's interest. The Contracting Officer shall terminate by delivering to the Contractor a Notice of Termination specifying the extent of termination and the effective date. Failure to perform the task in Performance Requirement Summary Table (PRST) may result in contract deductions. Deductions tables will be developed through negotiations conducted after award based on the cost associated with each of the task listed in PRST. If the contractor fails to complete repairs as prescribed above, the Government may contract with another Contractor to have the necessary repairs performed and reduce Contractor's payment by the cost of those repairs. M. AUTHORITY - CONTRACTING OFFICER/CONTRACT SPECIALIST, CONTRACTING OFFICER'S REPRESENTATIVE, AND CONTRACTOR'S PROJECT MANAGER 1. Contracting Officer/Contract Specialist The Contracting Officer (CO) for administration of this contract is: To be provided at time of award The Contract Specialist (CS) for administration of this contract is: To be provided at time of award In accordance with Subpart 1.6 of the Federal Acquisition Regulation, the CO is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The CS may serve as CO on actions within the CS's warrant authority, The CS is the primary point of contact for questions regarding this contract. 2. Contracting Officer's Representative (COR) The Contracting Officer's Representative (COR) for this contract is: To be provided at time of award The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract. The COR is also responsible for the final inspection and acceptance of all reports, and such other responsibilities as may be specified contract. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have authority to alter the Contractor's obligations or to change the contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify contract obligations or the statement of work, changes will be issued in writing and signed by the Contracting Officer. 3. Project Manager The Contractor's designated Project Manager for this contract will be provided with contractor's proposal. The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost contract technical, hiring and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager shall be able to fluently read, write, and speak the English language. N. PLACE OF PERFORMANCE: Services under this contract shall be performed in 10 locations in six states that include Georgia, Maryland, Tennessee, Virginia, Louisiana and Florida. A list of the equipment to be maintained under this contract and the respective location of each piece of equipment is identified in the Schedule of Services and Prices. O. SITE VISITS. SITE VISITS WILL BE AVAILABLE UPON REQUEST. IF A SITE VISIT IS NEEDED PLEASE E-MAIL Michael Hummel at Michael.A.Hummel@irs.gov. P. DELIVERY SCHEDULE: The Contractor shall provide preventive maintenance coverage for all UPS systems included in the contract. The number of preventive maintenance calls during the term of the contract is limited to twice a year, which includes one annual preventive maintenance and one semi-annual maintenance. Preventive maintenance is to be performed in accordance with manufacturers' specifications and it shall be performed at a time mutually agreed upon by the local point of contact and the service vendor. The number of corrective maintenance is unlimited. Q. PROTECTION AND CLEANING OF BUILDINGS AND STRUCTURE: While performing work, the Contractor shall take necessary precautions to protect building surfaces, structure(s), equipment, etc. that are in close proximity to a UPS. Contractor shall repair, at his own expense, any damage to adjacent surfaces, fixtures, equipment, etc., that were not authorized by the Government. Such repair or replacement shall be completed to the satisfaction of the Contracting Officer or COR. The Contractor shall collect and remove all dirt, rubbish, and debris generated as a result of its work. R. INVOICE REQUIREMENTS: (a) An original invoice shall be submitted at www.ipp.gov and include the following: (1) Company's name and Taxpayer Identification Number (TIN) (2) Invoice date (3) Contract Number (4) Description, price, period covered, and quantity of property and services actually delivered or received (5) Shipping and payment terms. (6) Name (where practicable), title, phone number, and complete mailing address of responsible individual to whom questions concerning payment or invoice may be addressed. (b) Contractor shall invoice monthly for services performed during the previous month, payment will be monthly in arrears. Services will be invoiced at the monthly rate contained in the schedule. Contractor shall ensure that billing is timely and accurate. S. FINAL PAYMENT Before final payment is made, the Contractor shall furnish the Contacting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically excepted by the contractor form the release. If the Contractor's claim to amounts payable under the contract has been assigned under the Assignment of Claims Act of 1940, as amended (31 U.S.C. 3727, 41 U.S.C. 15), a release may also be required of the assignee. The final (last) payment will be delayed approximately 45 days to ensure all necessary adjustments for non-performance or unsatisfactory performance have been made and a release of claims has been submitted before the contract is closed out. T. OTHER CONTRACT TERMS AND CONDITIONS Security Restrictions: While at IRS locations, Contractor personnel performing work under this contract will be escorted by an IRS Employee or Contractor personnel with Staff Like access. The Contractor's employees will be restricted to areas where the equipment is located, routes between the parking area and work site, and access to restrooms and food dispensing areas. If it is determined that a Contractor employee requires staff like access, that employee will be required to undergo a background check. The Contractor shall promptly notify the COR in the event an employee is terminated to ensure that non-employees are not granted access to the site. Permits, Licenses and Certificates In the performance of work under this contract, the contractor shall be responsible for obtaining all necessary permits, licenses and certificates and for complying with all applicable Federal, State and Municipal laws. The Contractor shall be responsible for all fees and assessments associated with each permit, license or certificate necessary under this contract. Schedule of Insurance Coverage: In accordance with FAR 28.307 and clause 52.228-5 the following minimum coverage shall apply to this contract: (a) Worker's compensation and employer's liability: The Contractor is required to comply with applicable Federal and State worker's compensation and occupational health statutes. If occupational diseases are compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operation are so co- mingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required; except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers. (b) GENERAL LIABILITY: The Contractor is required to maintain bodily injury liability insurance coverage written of at least $ 1,000,000 per occurrence. (c) After award, the contractor must present to the Contracting Officer prior to commencing work under this contract, evidence of the insurance coverage listed in paragraphs (a) and (b) above. This evidence shall contain an endorsement that any cancellation of material change in the coverage adversely affecting the Government's interest shall not be effective unless the insurer gives written notice of cancellation or change to the Contracting Officer within 30 days prior to the effective date of the cancellation or change. When coverage is provided by self-insurance, the Contractor shall not change or decrease the coverage without the Contracting Officer's prior approval. Type of Contract - FAR 52.216-1 (APR 1984) The Government contemplates award of a combination firm fixed price, and labor hour/time-and-material type contract resulting from this solicitation. Service of Protest - FAR 52.233-2 (SEP 1996) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: IRS, General Legal Services Public Contract Law Branch, 1111 Constitution Ave., NW, Room 6404, Washington, DC 20024 The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. U. FAR/AGENCY CLAUSES: FAR CLAUSE 52.212-4 CONTRACT, TERMS AND CONDITIONS - COMMERCIAL ITEMS (May 2015) applies to this action. FAR Clause 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS (Mar 2016) APPLIES TO THIS ACTION. (1) 52.203-6 Alt. 1, Restrictions on Subcontractor Sales to the Government (Sept 2006, w (Alt. 1) (Oct 1995) (2) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015 (3) 52-209-6, Protecting the Government' Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015 (5) 52.219-6, Notice of Total Small Business (Set-Aside) (Nov 2011) (6) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (7) 52.219-14, Limitations on Subcontracting (Nov 2011) (8) 52.219-28, Post Award Small Business Program Representation (July 2013) (9) 52.222-3, Convict Labor (June 2003) (10) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (11) 52.222-26, Equal Opportunity (Apr 2015) (12) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (13) 52.222-36, Affirmative Action for Workers with Disabilities (July 2014) (14) 52.222-37, Employment Reports on Veterans (Feb 2016) (15) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (16) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (17) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013) (18) 52.222-41, Service Contract Act of 1965 (May 2014) Contractors are required to pay employees working under Government contracts valued at more than $2,500.00 no less than the minimum wage and fringe benefits specified in applicable wage determinations. You may obtain copies of applicable wage determinations from the Department of Labor website http://www.wdol.gov/Index.aspx. The following wage determinations apply to this action: 2005-2115 (Jacksonville, FL), 2005-2133 (Atlanta, GA), 2005-2233 (New Orleans, LA), 2005-2247 (Baltimore, MD), 2005-2497 (Nashville, TN), and 2005-2545 (Richmond, VA). (19) 52.222-42 -Statement of Equivalent Rates for Federal Hires-( May 2014) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5332. The equivalent class of employee is electrician, maintenance and the equivalent grade is WG 10. The hourly rate in Atlanta, GA is $26.34. (20) 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (21) 52.232-40, Providing Accelerated Payments to Small Business (Dec 2013) (22) 52.222-17, Nondisplacement of Quality Workers (May 2014) (23 DT52.232-99 Providing Accelerated Payment to Small Business Subcontractors (Deviation) (Aug 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. (24) 1052.232-7003 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Aug 2012) The U.S. Department of the Treasury, Financial Managements Internet Payment Platform (IPP) is a government-wide electronic payment information service that replaces the Payment Advice Internet Delivery (PAID) system. IPP allows vendors to receive their remittance information from their financial institution. Effective October 31, 2008, IPP replaced the PAID system. Former PAID users have been automatically migrated to IPP and need to complete the initial provisioning process from the new user ID, temporary password, and web address sent by Treasury. This is necessary in order to log in to the IPP and view or download payment information. New vendors may register on-line at https://ipp.gov. For additional information, refer to the IPP Customer Support at (866) 973-3131. The IPP will continue to support the following notification services previously offered by PAID: Web access only to remittance data, no payment notification emails sent, payment notification without remittance detail, and payment notification with remittance detail. Users may select event-driven notifications and schedule the frequency. Vendors can only access their own payment data. IPP remittance information includes the following data: ACH trace number, supplier name, agency name, payment status, issue date, invoice number, PO number, invoice amount, discount amount, payment amount, bank name, and bank address. The IPP will collect payment data for 18 months, which will be available for search, display and download. Payment information will be uploaded to the IPP daily from Treasury systems on the date of payment. (End of Clause) (25) IR1052.232-7003 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Aug 2012) (a) Definitions: "Short payment" as used in this clause means an invoice that includes the cost or price for supplies or services delivered or performed, as well as the cost or price for supplies or services not yet tendered to the Government in accordance with the terms of the contract, order or agreement. Short payment example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP, the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words, the IRS would "short pay" the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP, the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received. The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, assuming that these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted. (b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment through the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address https://www.ipp.gov. Contractors must complete the contractor point of contact information below, and submit it with their proposal submissions. Contractors may contact the IPP Helpdesk for assistance via e-mail at ippgroup@bos.frb.org or via phone at (866) 973-3131. Once a contract award has been made, the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. (c) Contractor Point of Contact Information Contractor Name: Contractor IPP Point of Contact Name: Contractor Phone Number: Contractor E-mail Address: (d) Electronic Invoicing and Payment Requirements Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. In order to be approved for payment, a proper invoice must list the items specified in FAR 52.232-25 (a)(3)(i) through (a)(3)(x), or in the case of a Commercial Item Contract, the items included in 52.212-4(g)(1)(i) through (g)(1)(x). Under this contract, the following documents are required to be submitted as an attachment to the invoice (Contracting Officer fills in additional documentation that must be furnished by the contractor (e.g. timesheet)): Contracting Officer other required documentation to be furnished by contractor (e) Payment and Invoice Questions For payment and invoice questions, contact the Beckley Finance Center at (304) 254-3372 or via e-mail at cfo.bfc.ipp.customer.support@irs.gov. (f) Waiver If the Contractor is unable to use the IPP for submitting payment requests starting on October 1, 2012, then a waiver form must be completed and submitted with the contractors proposal submission for review and approval by the Contracting Officer based on one of the conditions listed in the waiver form included as Attachment 1 to this clause. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied. If the waiver is granted, then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned. (g) Short Payment Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid. (End of Clause) (26 ) IR1052.232-7003 W Internal Revenue Service(IRS) Invoice Processing Platform(IPP) Waiver Form The IRS invoicing and payment requirements clause (IR1052.232-7003) requires that all invoices under awards made (or effective) on or after October 1, 2012, be submitted electronically via the IPP unless a waiver is requested and granted. If the Contractor is unable to submit its invoice through the IPP, the Contractor shall complete this waiver form indicating the reason for the waiver request by selecting the appropriate box below and providing a narrative summarizing in detail the circumstances requiring a waiver. For a solicitation, submit the waiver form with the proposal submission. For a modification that incorporates the IPP clause into an existing contract, submit the form with the modification. The CO will notify the vendor via e-mail or another appropriate means of communication prior to award as to whether their waiver has been approved or denied. If the waiver is granted, then a copy of the approved waiver must be submitted with each invoice that the vendor submits to the payment office or the invoice will be returned. Reason for requesting a waiver of the requirement to submit an electronic invoice via the IPP: 1. Submission of invoices through IPP would impose a hardship on an individual (includes employees and sole proprietors) due to: either a physical or mental disability; a geographic, language, or literacy barrier; or an undue financial burden. The requirement to submit invoices through the IPP is automatically waived for all individuals who do not have payment capability using ACH with a U.S. financial institution. 2. The political, financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically. 3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify area/location.) 4. The submission of invoices electronically may pose a threat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised. 5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e., the invoice submission is non-recurring. 6. The contractor customarily submits a high volume of invoices on a regular basis via file format, not currently supported by the IPP (i.e., uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burden to the contractor if submitted through the IPP individually. If utilizing this exception, please identify the file formats supported by your invoicing system so that the IPP may consider implementing the requested file format at a later date. File format(s) used: 7. Other - Please explain Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 through 7). Attachment 1 Waiver Submitted By: Contractor Name Name of Person Submitting Request for Waiver Title Signature of Person Submitting Request for Waiver (electronic signature not acceptable) E-mail Address Phone No. Contract/Order No. Date Submitted Waiver Approved By: Contracting Officers Name Printed Contracting Officers Signature Date (electronic signature is not acceptable) (27) DT1052.232-7003 Electronic Submission of Payment Requests (August 8, 2012) (a) Definitions. As used in this clause-- (1) Payment request means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), Payment documentation and process and the applicable Payment clause included in this contract. (2) [Reserved] (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP). Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. (c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing. (d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request. (End of clause) (28) 52.217-8 -- Option to Extend Services. (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of expiration of the contract. (End of Clause) (29) 52.217-9 -- Option to Extend the Term of the Contract. (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months. (End of Clause) (30) AB 1052.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (Mar 2015)(DEVIATION 2015-00003) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause. (End of clause) (31) 52.249-2, Termination for Convenience of the Government (Fixed Price) (APR 2012) V. SOLICITATION PROVISIONS: 52.212-1 Instructions to Offerors -Commercial Items (OCT 2015) Addendum to 52.212-1 1. Communications and questions concerning this solicitation or requests for clarification shall be made in writing to the Contract Specialist electronically at margaret.baker@irs.gov. All requests will be answered electronically and provided to all Offerors, via solicitation amendment at the Internet site, www.fbo.gov. Questions about the RFP shall be received no later than May 12, 2016. When submitting questions and comments, please refer to the specific text of the RFP in the following format: Subject: RFP No. TIRSE-16-R-00001 Reference: RFP Section, Paragraph(s), and Page(s)____ 2. Proposal preparation and submission: All perspective Offerors shall read and understand all parts of the SOW, instructions to Offerors, and evaluation factors prior to responding of submitting a proposal. Submissions that do not follow instructions may be disqualified from further consideration, Proposals shall include the following: Technical Approach - The offeror must demonstrate an understanding of the IRS requirement, explain its approach to accomplish the effort, and define a sound approach to ensure timely availability of appropriate personnel. The Offeror must also address its plan/capability to have technicians available and provide emergency repairs to all of the sites listed on time as specified herein. Technical Experience - The Offeror must indicate its years of experience with UPS maintenance. Personnel Qualifications - The Offeror must indicate the names, years of experience, and certifications of technicians expected to work under the contract. Past Performance - Past performance information will be obtained, in part, through questionnaires tailored to the circumstances of this acquisition. The Offeror shall provide a Past Performance Questionnaire (see Attachment 3) to at least three references for which same or similar services have been provided. Such services must of the same/similar magnitude as services to be provided under the contract resulting from this solicitation. Selected references must return the completed questionnaire to the Contract Specialist by e-mail as instructed on the questionnaire. Also, Offerors shall provide 3 references that are recent (within the last 3 years) and relevant to the requirements of the solicitation (UPS Maintenance) Price - Offerors shall complete the Schedule of Services and Prices at Attachment 1. Proposals must be received by the Contract Specialist by no later than noon (Eastern Time) May 18, 2016. Proposals shall be submitted electronically to Margaret.baker@irs.gov. At a minimum, proposals must include: (1) The solicitation number; (2) The name, address, and telephone number of the offeror; (3) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This includes response to all evaluation factors and may include product literature, or other documents, if necessary; (4) Terms of any express warranty; (5) Price and any discount terms; (6) "Remit to" address, if different than mailing address; (7) 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; (8) Acknowledgment of Solicitation Amendments, if any; (9) 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 (10) 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. 52.212-2 -- Evaluation -- Commercial Items (Oct 2014) (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: I. Technical Approach - The offeror must demonstrate an understanding of the IRS requirement, explain its flexible process to accomplish the effort, and define a sound approach to ensure timely availability of appropriate personnel. The Offeror must also address its plan/capability to have technicians available and provide emergency repairs to all of the sites listed on time. II. Technical Experience -The Offeror must indicate its years of experience with UPS maintenance. III. Past Performance - This factor will be evaluated on the basis of information obtained concerning the Offerors' performance on contracts consistent in scope and complexity and must be recent (within the last 3 years) and relevant (UPS maintenance). Offerors are to note that, in conducting this evaluation, the Government reserves the right to use both data provided by the Offeror and data obtained from other sources, including, but not limited to: Contractor Performance Assessment Reporting Systems (CPARS), or similar systems of other Government departments and agencies; Defense Contract Management Agency (DCMA); interviews with program managers and Contracting Officers, and other sources known to the Government, including commercial sources. This information may include data on efforts performed by other divisions, critical subcontractors, or teaming contractors, if such resources will be brought to bear or significantly influence the performance of the proposed effort. IV. Personnel Qualifications - The Offeror must indicate the names, years of experience, and certifications of technicians expected to work under the contract. V. Price - The Offeror's total price proposal for the fixed price preventive maintenance and labor rate proposed for the corrective maintenance, for the base and all option years will be used to determine if their pricing is fair and reasonable for the work to be accomplished. (1) Comparison of proposed prices received in response to the solicitation; (2) Comparison of the proposed price with prices found reasonable on previous purchases; (3) Current price lists, catalogs, or advertisements. However, inclusion of a price in a price list, catalog, or advertisement does not, in and of itself, establish fairness and reasonableness of the price; (4) A comparison with similar items in a related industry; (5) The contracting officer's personal knowledge of the item being purchased; (6) Comparison to an independent Government estimate; or (7) Any other reasonable basis. Competitive RangeCompetitive Range Determination: Upon completion of the aforementioned evaluations, the Government may establish a competitive range based on the Technical Approach, Past Performance, and Price. Those Offerors that are not in the competitive range will not be considered further for award. Award Type for this contract is: firm fixed price/labor hour The Government intends to award a single contract as the result of this solicitation.. Offers that do not address all requirements specified in this solicitation will not be considered further for award. Basis of Award. For purposes of this solicitation. Offerors will be rated technically, based on the overall rating levels. When combined, past performance and technical factors are equal in importance to price. When evaluated, as technical scores become more even among competing proposals, price carries a greater weight in the best value analysis. The Government is not obligated to award to the highest technical proposal or the lowest priced proposal. The selection will be made on the proposal having the best overall value to the Government.. 52.212-3 -- Offeror Representations and Certifications -- Commercial Items (FEB 2016 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 accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision, which may be obtained from https://www.acquisition.gov/?q=/browse/far/52 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. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation", means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (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. "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"- "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. "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 SAM website. (2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM 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 (p) 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 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 □ 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 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, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern. (6) WOSB 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. 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 □ 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. (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, 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-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-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.) (i) 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, Panamanian, 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-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, 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-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-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No. _______________________________________ _______________________________________ _______________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements- Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary](4) Buy American-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, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________ [List as necessary] (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 statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals- (1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 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) □ 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) □ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003- 4(c)(1). The offeror □ does □ does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror □ does □ does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of 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 Labor Standards 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 the SAM 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). □ TIN: ________________________________. □ TIN has been applied for. □ TIN is not required because: □ 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; □ Offeror is an agency or instrumentality of a foreign government; □ Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. □ Sole proprietorship; □ Partnership; □ Corporate entity (not tax-exempt); □ Corporate entity (tax-exempt); □ Government entity (Federal, State, or local); □ Foreign government; □ International organization per 26 CFR 1.6049-4; □ Other ________________________________. (5) Common parent. □ Offeror is not owned or controlled by a common parent; □ 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) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The offeror represents that- (i) It □ is, □ is not an inverted domestic corporation; and (ii) It □ is, □ is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions 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 Certifications. 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; (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; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf). (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. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation. (1) The Offeror represents that it o has or o does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____________________. Immediate owner legal name: _____________________. (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: □ Yes or □ No. ( 3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: __________________. Highest-level owner legal name: ___________________. (Do not use a "doing business as" name)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/TREAS/IRS/IRSSPBAPFSE/TIRSE16R00001/listing.html)
Place of Performance: Address: Internal Revenue Service, 4800 Buford Highway, Chamblee, Georgia, 30341, United States; Zip Code: 30341
Record: SN04106556-W 20160507/160505234129-20a2e722d9cbf396f47dd4f03878ceec (fbodaily.com)
Source: FedBizOpps Link to This Notice
(may not be valid after Archive Date)

| FSG Index | This Issue's Index | Today's FBO Daily Index Page |

Loren Data's SAM Daily™

61 -- PREVENTIVE AND/OR REMEDIAL MAINTENANCE OF UNIINTERUPTIBLE POWER SUPPLY (UPS) SYSTEM AND ASSOCIATED BATTERIES - Attachment 1 Price Schedule