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RFP NUMBER: 47PA0118R0001 PROJECT: Art Conservation Services – Works on Paper

Indefinite Delivery/Indefinite Quantity (IDIQ) LOCATION: General Services Administration Office of Acquisition Management (OAM) Acquisition Services Division (ASD)

1800 F Street NW. Washington, DC 20405

RFP DUE DATE: Monday, April 16, 2018

11:00 A.M. (Eastern Time)

CONTACT PERSON(S): Evangela Brown, Contracting Officer RFP ISSUE DATE: Thursday, March 15, 2018

NOTE: ANY QUESTIONS REGARDING THIS SOLICITATION MAY BE DIRECTED TO: Evangela Brown, Contracting Officer, Acquisition Services Division (ASD), email: [email protected] This acquisition is a total small business set-aside. The General Services Administration cordially invites you to submit your proposals in response to this RFP. GSA’s hours of operation are 8:00 am to 5:00 pm. Requests for pre-award debriefings postmarked or otherwise submitted after 4:30 p.m. will be considered submitted the following business day. Requests for post-award debriefings delivered after 4:30 p.m. will be considered received and filed the following business day. This solicitation and any documents related to this procurement will be available on the Internet. All Contractors downloading the solicitation shall notify this office in writing (electronic mail) in order to be placed on the plan holders’ list. Contractors are responsible for downloading their own copy of the solicitation and amendments, if any. The WWW address of the Federal Business Opportunities web page is http://www.fedbizopps.gov. It is the Contractor’s responsibility to monitor this site for the release of the solicitation and amendments, if any. Contractors may register for electronic notification of postings to the site.

General Services Administration Public Buildings Service Acquisition Services Division (ASD) Washington, DC 20405

REQUEST FOR PROPOSAL (RFP)

mailto:[email protected]

http://www.fedbizopps.gov/

ART CONSERVATION SERVICES – WORKS ON PAPER

GSA Solicitation Number: 47PA0118R0001 Page 2 of 87

INSTRUCTIONS TO OFFERORS


IMPORTANT – PLEASE READ CAREFULLY The Request for Proposals (RFP) is being issued electronically only. The RFP is comprised of the following sections below and is available for download from http://www.fedbizopps.gov.

Section A. Solicitation/Contract/Order for Commercial Items (Standard Form 1449)

Section B. Supplies or Services and Prices/Costs Section C. Description/Specification/Work Statement Section D. Packaging and Marking Section E. Inspection and Acceptance Section F. Deliveries and Performance Section G. Contract Administration Data Section H. Special Contract Requirements Section I. Service Contract Clauses Section J. List of Documents, Exhibits and other Attachments Section K. Representations and Certifications Section L. Instructions, Conditions and Notices to Offerors Section M. Evaluation Factors and Award

http://www.fedbizopps.gov/



PART I

THE SCHEDULE



SECTION A

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

STANDARD FORM 1449

(Attached separately through an .PDF file)



SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS



SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 BACKGROUND

B.1.1. The Fine Arts Collection of the General Services Administration (GSA) is one of the nation's largest and most unique civic art collections, consisting of over 26,000 paintings, sculpture and works on paper dating from the 1850 through the present. A large portion of the collection dates from the New Deal era (1933-1943) commissioned through the Art-in-Architecture Program for site specific installations in GSA Buildings.

B.1.2. GSA is entrusted with the care and preservation of these Government-owned works of art. The conservation of artwork, including condition assessment, recommendation of treatments, and cyclic maintenance, is of particular interest to GSA since it has the responsibility of preserving and maintaining these cultural properties intact for the benefit of future generations. The Fine Arts Program, located in the central office of GSA in Washington D.C., is responsible for fine arts management nationwide, including: the inventory, assessment, and conservation of artwork associated with the Fine Arts Collection. The Fine Art Program coordinates these functions with the Regional Fine Arts Officer and the Historic Preservation Officer located in each of GSA's eleven regions. B.2. SUPPLIES OR SERVICES

B.2.1. Art conservator services involving the assessment, analysis and treatment of various types of artwork in/on Government-owned property.

B.2.2. Performance of all work will commence upon the issuance of a delivery or task order authorized by the Contracting Officer or Contracting Officer's designated Ordering Official. Only Firm-Fixed-Price delivery or task orders will be issued under this indefinite delivery/indefinite quantity (IDIQ) contract. This contract will be set-aside for small businesses.

B.2.3. The terms and conditions set forth in the base contract will always apply. Each task order will have its own price and performance period which may extend past the expiration date of the current base contract effective period; however, a completion date must be established at the original execution of each task order.

B.2.4. Outstanding task orders shall be fully performed at the rates/pricing in effect as of the date the task order was awarded. Modifications to the task orders are



controlled by the Changes Clause as to work requirements and equitable pricing adjustments.

B.2.5. After the base contract or option period expires; the amount of work included in any outstanding task order shall not be modified to enlarge its scope, unless such modification is necessary to accomplish the tasks under the task order. B.3. FIXED PRICES

B.3.1. Salary Rates: The fixed salary rates and other prices for the services set forth in the Price Schedule B.8 and B.9 shall include overhead and general administrative rates and profit. Offerors are required to submit a separate Price Schedule for the Initial one-year contract period and each optional one-year contract period. All salary rates shall be fixed for the duration of the applicable one-year term.

B.3.2. Materials and Supplies: Conservators are expected to have standard equipment, materials and supplies necessary to perform work at their disposal. Special equipment or materials required in the performance of this contract will be negotiated on a delivery or task order basis. All material and supply prices will be researched against current material cost data available from current and past GSA contracts.

B.3.3. Art Transport: All transport services used in conjunction with contract are to be done with bonded and insured carriers, whose services include transporting of artifacts, valuable items, or other items deemed as treasures under current security standards. All efforts to insure that the transport of the artwork will be performed by a professional art transport company will be required under this contract. Method as well as carrier must be acceptable to the Government. Proposal should include description of art transport services to be used.

B.3.4. Travel Costs: A fixed-price for the cost of travel by contractor personnel

will be negotiated on a delivery or task order basis pursuant to FAR Part 31.205-46 and Federal Travel Regulations in effect at time of travel. B.4. METHOD FOR PRICING ADDITIONAL SERVICES Additional services are those items, services and products not specifically included or priced in the contract, but which are associated with the requirements of this contract and may be required from time to time during the term of this contract. B.5. FAR 52.232-19, AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR The Government's obligation for performance of this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract until funds are made available to the Contracting Officer



for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer. B.6. GUARANTEED MINIMUM

B.6.1. The minimum dollar amount of work the Government guarantees to the Contractor under this contract is $2,000.00 for the base year.

B.6.2. In the event that this guaranteed minimum is not ordered, the contract shall be terminated for the convenience of the Government. B.7. FAR 52.216-18 ORDERING

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from __________________through ______________ [Government to insert dates at time of award].

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule. B.8. FIRM-FIXED-PRICE SCHEDULE - BASE YEAR PERIOD AND FOUR ONE

YEAR OPTION PERIODS

B.8.1. Offerors are required to provide their hourly rate for the professional and technical classification listed below and multiply the rate times the estimated hours to obtain the extended rate for each classification.

B.8.1.1. Offerors are advised that the estimated hours specified are offered for information only and are not intended as guarantees or commitments to order services under this contract.

B.8.1.2. Offerors are advised that the hourly rates will be used to establish the fixed hourly rate for the applicable contract period and that the total extended price will be used for evaluation purposes only, and will not constitute the basis for an equitable price adjustment under this contract. Time period to perform services will be negotiated on each task order.



SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS B.8.2. PRICING – BASE – YEAR ONE (MONTH 1 TO MONTH 12)

Services and Estimated Hourly TOTAL Labor Classification Hours Rate PRICE B.8.2.1. ASSESSMENT/CONSERVATION a. Conservator: __500___ $________ $___________ b. Framer __200___ $________ $___________ B.8.2.2. REPORTS/RESEARCH Task Orders Price/Unit TOTAL PRICE a. One Report Per Artwork __35__ $________ $___________ B.8.2.3. PHOTOGRAPHY Task Orders Price/Unit TOTAL PRICE a. Flat rate per task order __35___ $________ $___________ (Includes cost of equipment, film, processing, CD) TOTAL PRICE FOR BASE YEAR (SUM HERE and B.9.1) $__________________



SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS B.8.3. PRICING – BASE – OPTION ONE – YEAR TWO (MONTH 13 TO MONTH 24)




SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS B.8.4. PRICING – BASE – OPTION TWO - YEAR THREE (MONTH 25 TO MONTH 36)




SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS B.8.5. PRICING – BASE – OPTION THREE - YEAR FOUR (MONTH 37 TO MONTH 48)




SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS

B.8.6 PRICING – BASE – OPTION FOUR - YEAR FIVE (MONTH 49 TO MONTH 60)




SECTION B: SUPPLIES OR SERVICES AND PRICES/COSTS B.9 SUMMARY OF PRICING SCHEDULE

Offerors are advised that the estimated year totals below are based on government estimated hours specified which were offered for information only and are not intended as guarantees or commitments to order services under the contract. Also that the total extended prices will be used for evaluation purposes only and will not constitute the basis for any price adjustment under this contract above or below the Indefinite Quantity Ceiling (500,000).

B.9.1 Total Price for Base Year [Refer to Section B.8.2] $_________________________ B.9.2 Total Price for Option One - Year Two [Refer to Section B.8.3] $_________________________ B.9.3 Total Price for Option Two - Year Three [Refer to Section B.8.4] $_________________________ B.9.4 Total Price for Option Three - Year Four [Refer to Section B.8.5] $_________________________ B.9.5 Total Price for Option Four - Year Five [Refer to Section B.8.6] $_________________________ B.10 TOTAL EVALUATED PRICE $_________________________



SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT



SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT C.1. CONTRACT EFFECTIVE PERIOD

C.1.1. A single award contract will be awarded under this solicitation to cover the

Art Conservation Services which are more fully described in Part 1 – Section B, Supplies or Services and Price/Costs. The contract will remain in effect for a Base Year Period, not to exceed 12 months, from the Notice to Proceed (NTP); and Four One-Year Option Periods. The Option Years may be exercised by the Government by the issuance of a unilateral contract modification (SF30). The Base Year Period is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract with Options for a total aggregate contract total of 5 years – base year plus four one-year options.

C.1.2. The timeframe for the Art Conservation services is described in

Part 1 – Section C of this contract or as specified in each delivery or task order. [NOTE: This solicitation does not obligate any one of the disciplines to joint venture as one team to be considered for this contract, so long as the firm provides the resources necessary to comply with this contract.]

C.2. SCOPE OF SERVICES

C.2.1. On an as-needed basis, the conservator may be required to survey, assess, recommend treatment, transport, perform conservation services, perform emergency stabilization/repair, mat, frame and develop generic cyclic maintenance plans for works of art on paper in the Fine Arts Collection. Works on paper include, but are not limited to: watercolor on paper, prints on paper, photographs on paper, drawings on paper, collages on paper and graphite on paper.

C.2.2. The conservator will be responsible for providing the necessary professional services to ensure that the proposed conservation and treatment will not have an adverse impact upon the aesthetic, historic, and physical integrity of the artwork. It may be required that conservation treatments be reversible in order to ensure that removal of materials and techniques will not endanger the physical welfare of the artwork. The known character of the artwork should not be modified. As much as possible, decayed segments of an artwork will be conserved. The treatment prescribed shall be the safest and least intrusive restorative method so as not to compromise the original integrity of the artwork, and should follow the guidelines for the American Institute for the Conservation of Historic and Artistic Works (AIC) Code of Ethics and Standards of Practice.



C.2.3. When and as ordered, the conservator shall perform the following services: C.2.3.1. Make a thorough on-site examination of the artwork to determine the nature and extent of the deterioration and treatment. (See Section C.2.5) C.2.3.2. Prepare a written Condition Assessment/Treatment Recommendation Report. (See Section C.2.6) C.2.3.3. Perform treatment(s) as described in Condition Assessment/ Treatment Recommendation Report. (See Section C.2.7) C.2.3.4. Prepare Final Conservation Report. (See Section C.2.10)

C.2.4. The Fine Arts Program conducts a bi-annual inspection of artwork to report on its general condition. In addition, the Fine Arts Program develops an ongoing list of artwork that requires an assessment or conservation treatment. C.2.5. On-Site Examination of Artwork Within thirty (30) working days after issuance of the delivery or task order, the conservator shall perform the necessary professional services to:

(a) Pinpoint the location, nature and extent of chemical, physical, and biological causes of all existing deterioration, alteration, loss, and material failure.

(b) Determine the size of the areas affected. (c) Provide written descriptions of existing conditions and a detailed account of

major deterioration, alteration, loss, failures. (d) Provide detailed analysis of the materials and methods necessary to

stabilize the artwork and slow the rate of deterioration.

(e) Detailed photographs and sketches of the problem areas shall be keyed to large-scale photographs of each area.

(f) Permanent damage to the design or temporary disfigurement shall be

noted. (g) While performing the on-site examination the conservator shall consider

all environmental and other harmful factors that may affect the artwork



C.2.6. Condition Assessment/Treatment Recommendation Report

C.2.6.1. The conservator shall provide a written report detailing discoveries and recommendations for remedial treatment(s), both long term and interim, and the remedial materials and methods to be applied for each type of deterioration. Where alternative materials or methods are applicable, the conservator shall explain and compare the pros and cons of each.

C.2.6.2. The report shall include a statement of exactly what conditions are

proposed to be corrected, an outline of treatment with an estimate of the cost and the basis for the cost. Reports must be written in Word 10.0 or comparable format.

Digital photographs shall document existing or as-is-condition and

taken at the time of the investigation and before treatment(s), detailing the existing overall environment, findings. The photographs will be submitted electronically as jpg files; and at least 4” x 6” prints on Epson Premium Glossy or Epson Premium Luster photographic (semi- gloss) paper (or equivalent quality) with a printer producing 8 megapixels.

The photographs will be stored on a compact disk (CD), flash

drive. Visible graininess is unacceptable. The CD will be stored with the report in Tyvek envelopes. Photographs shall be identified by:

1. Object ID Number 2. Name of Artist 3. Title of Work 4. Date of Work 5. Description of treatment (during conservation, before

conservation, etc.) 6. If the photograph is a detail, the subject matter photographed

shall be described

The conservator shall use the following format in preparing the investigative report:

C.2.6.3. Introduction

(a) Name of artist, title of work, and completion date.

(b) Medium/material composition.

(c) Dimensions, noting whether the dimensions are sight, window, paper or frame.



(d) Ownership. (State the owner of the artwork as the General Services Administration (GSA).)

(e) Current Location of Artwork.

(f) Inspection date. (g) Report date. (h) Inspector. (i) Description of the Artwork. Individual artwork shall be described

using appropriate professional terminology. Unique details or unusual features shall be described and shall be featured in the accompanying photographs.

(j) Specific details on the condition of the artwork and proposed

remedial treatment(s). (k) Materials and Chemicals

(1) List all basic materials/products/chemicals/supplies used in performing services required by this solicitation.

(2) For each of the proposed materials provide the following

information:

(a) Your knowledge of each of these materials including, but not limited to, any long term effects to the artwork, and any possibility of affecting the value of the artwork;

(b) Manufacturer’s specifications, technical data, and

applicable Material Data Safety Sheets (MDSS).

C.2.6.4. One hard copy of the Condition Assessment/Treatment Recommendation Report with printed images shall be provided. One archival CD and flash drive (external drive) will accompany the report and include the reports, images and other pertinent documentation shall be provided. The hard copy report, CD and flash drive shall be submitted to the Government within thirty (30) days after completion of the on-site examination of the artwork.

C.2.6.5. After the receipt of the Condition Assessment/Treatment

Recommendation Report the Government will make a determination on the acceptability of the report and the proposed treatment.



C.2.7. Performance of Treatment

C.2.7.1. When, and as ordered by an authorized Contracting Officer’s delivery or task order, the conservator shall perform/apply treatment(s) in accordance with the approved treatment process and in keeping with sound conservation practices.

C.2.7.2. The conservator will be responsible for the transportation to and from a designated GSA Facility. The conservator will maintain the artistic and physical integrity of the artwork and its parts. Techniques shall actually conserve the artwork and not contribute to its continuing deterioration. The treatment shall conform to the recommendations approved by the Government.

C.2.8. Matting and Framing

C.2.8.1. When needed, and as ordered by an authorized Contracting Officer’s delivery or task order, the conservator shall provide archival matting for the works on paper. The mat will be cut to fit the individual artworks and shall be hinged with appropriate archival hinges.

C.2.8.2. The conservator shall have the skills and tools necessary to remove works of art from frames and have the capability to replace in appropriate glazing materials with appropriate UV protection glazing.

C.2.8.3. The conservator shall have the capabilities to secure services and perform minor cleaning of frames and repair of existing historic frames.

C.2.9. Stabilization

When needed, and as ordered by an authorized Contracting Officer’s delivery or task order, the conservator shall perform stabilization for damaged or vandalized works of art to ensure their safety until full conservation assessment and treatment may be performed.

C.2.10. Final Conservation Report

C.2.10.1 The conservator shall provide a written report detailing final testing, treatment(s), and remedial materials and methods applied for each type of deterioration, including detailed description of any testing, work performed and two copies each of 4" x 6" color photographs taken before, during, and after treatment(s) is (are) performed and overall image of artwork and the surrounding environment. Provide recommendations for future cyclic care and maintenance. Reports must be written in Word 10 or comparable format and accompanied by CD with the report included. The conservator shall provide specific recommendations for future cyclic care and maintenance of the artwork.



The conservator shall use the following format in preparing the Final Conservation Report: C.2.10.2. Introduction

(a) Name of artist, title of work, and completion date.

(b) Medium/material composition.

(c) Dimensions: Sight, Image, Paper and Frame when applicable.

(d) Ownership. (State the owner of the artwork as the General Services Administration (GSA).)

(e) Inspection date.

(f) Report date.

(g) Inspector.

(h) Description of the Artwork. Individual artwork shall be

described using appropriate professional terminology. Unique details or unusual features shall be described and shall be featured in the accompanying photographs.

(i) Specific details on the treatment(s) of the artwork.

C.2.10.3. Photographs

Digital photographs submitted to GSA by the conservator

shall provide visual evidence of the conservation treatment(s), both before, during and after conservation. The photographs will be submitted electronically as jpg files and stored on a compact disk (CD), flash drive and as 4” x 6” prints on photographic (semi-gloss) paper with printer producing 8 megapixels. Visible graininess is unacceptable.

The CD will be stored with the report in Tyvek envelopes.

Photographs shall be identified by:

1. Object ID Number 2. Name of Artist 3. Title of Work 4. Date of Work



5. Description of treatment (during conservation, before conservation, etc.)

6. If the photograph is a detail, the subject matter photographed shall be described

C.2.10.4. Within thirty (30) working days after the receipt of the Final

Conservation Report the Government (The Fine Arts Program) will make a determination on the acceptability of the report and the treatment. C.3. TASK OR DELIVERY ORDER PLANS

Prior to the commencement of each task or delivery order, the contractor shall provide a project plan as outlined below:

Staffing Plan. The Contractor must provide a staffing plan for identifying the key components of the project team, as well as key individuals for performing the required services. Full time and part time employees must be specified. Project Plan. The contractor shall provide a methodology and quality control plan for each individual task order describing how the company intends to perform the required services as described in each task.

C.4. CRITERIA GOVERNING SERVICES

C.4.1. The fine arts conservators shall not represent any artists, galleries, dealers, artist’s estates, artist’s representatives or vendors of proprietary technical services, or individual or entity which stocks a collection of artworks. Principals only; no brokers.

C.4.2. The American Institute for Conservation of Historic and Artistic Works (AIC) Code of Ethics and Standards of Practice as adopted May 31, 1979, and amended May 24, 1985.

C.4.3. The American Association of Museums AAM Code of Ethics for Museums as adopted November 1993.

C.4.4. The International Council of Museums (ICOM) Code of Professional Ethics as adopted November 4, 1986.

C.4.5. Interpretation and exhibits shall comply with the following Federal laws, codes, and regulations:

C.4.5.1. National Historic Preservation Act of 1966, amended 1980 and 1992;

C.4.5.2. Public Buildings Cooperative Use Act of 1976;



C.4.5.3. Visual Artists Rights Act of 1990; C.4.5.4. Uniform Federal Accessibility Standards, Federal Standard-759,

April 1, 1988 and supplements; C.4.5.5. American with Disability Act (ADA), 4151, Title III Standards by the

Department of Justice; and, C.4.5.6. Other applicable state and local codes.

C.5. CONTRACT COMPLETION

Time frames for completion will be negotiated for each delivery or task order. C.6. CONTRACTOR’S FACILITY

Due to the critical nature of the work to be performed under this contract, the Contractor must have appropriate facilities and space to perform services. Facilities should provide a secure, climate controlled environment, with: temperature/humidity control at 68-70% temperature1, and 50-55% relative humidity2 (+ 5%); adequate security alarm system; adequate fire prevention or sprinkler system (preferably “dry” line); and adequate loading dock. The Government reserves the right to inspect the conservator’s facility during the proposal evaluation phase of the procurement.



SECTION D

PACKAGING AND MARKING



SECTION D

PACKAGING AND MARKING D.1. PAYMENT OF POSTAGE AND FEES

All postage and fees related to submitting information including forms, reports, etc., to the Contracting Officer’s Representative shall be paid by the Contractor. D.2. MARKING

All information submitted to the Contracting Officer’s Representative shall clearly indicate the GSA asset name, address and identification number(s), contract number, delivery or task order number, and location of the contract for which the information is being submitted.



SECTION E

INSPECTION AND ACCEPTANCE



SECTION E

INSPECTION AND ACCEPTANCE E.1. THE ROLE OF GOVERNMENT PERSONNEL AND RESPONSIBILITY FOR CONTRACT ADMINISTRATION

E.1.1. Contracting Officer: The Contracting Officer has the overall responsibility for administration of this contract. The Contracting Officer is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details, and/or delivery schedules; make final decisions on disputed deductions from contract payments for nonperformance or unsatisfactory performance; terminate the contract for convenience or default; and issue final decisions regarding contract questions or matters under dispute. Overall contract administration functions shall be performed by:

Ms. Evangela Brown, Contracting Officer Office of Acquisition Management (OAM) Acquisition Services Division (ASD) U.S. General Services Administration

1800 F Street, NW, Room 5123 Washington, DC 20405 [email protected]

These functions include, but are not limited to: (1) processing assignment of

claims (assignment of contract payments to a financial organization); (2) rendering final decisions on deductions for non-performance or unsatisfactory performance; (3) processing novation agreements; (4) resolving and issuing final decisions on actions taken under the “Disputes” clause of the contract; and (5) terminating the contract.

E.1.2. Contracting Officer’s Representative (COR):

Ms. Kathy Erickson, COR Art in Architecture and Fine Arts Division Office of the Chief Architect U.S. General Services Administration 1800 F Street, NW

Washington, DC 20405 [email protected]





E.1.3. Alternate Contracting Officer’s Representative (ACOR):

Ms. Mary Margaret Carr, ACOR Art in Architecture and Fine Arts Division Office of the Chief Architect U.S. General Services Administration 1800 F Street, NW

Washington, DC 20405 [email protected]

The officials named above are designated as the Contracting Officer’s Representative/Alternate Contracting Officer’s Representative to assist the Contracting Officer in the discharge of their responsibilities. The responsibilities of the Contracting Officer’s Representative/Alternate Contracting Officer’s Representative include, but are not limited to: determining the adequacy of performance by the contractor in accordance with the terms and conditions of this contract; ensuring compliance with contract requirements insofar as the work is concerned; advising the Contracting Officer of proposed deductions for nonperformance or unsatisfactory performance; and advising the Contracting Officer of any factors which may cause delay in performance of the work.

E.1.3. Ordering Official: An official designated by the Contracting Officer to place individual orders under this contract. The ordering official for this contract is limited to the Contracting Officer’s Representative/Alternate Contracting Officer’s Representative listed above. E.2. FAR 52.246-4 INSPECTION OF SERVICES – FIXED-PRICE (AUG 1996)

(a) Definitions. “Services,” as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The contractor shall provide and maintain an inspection system acceptable to

the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the

contract, to the extent practicable at all time and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the

Contractor or a subcontractor, the Contractor shall furnish, and shall require




subcontractors to furnish, without additional charge, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform to contract requirements, the

Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the

necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.



SECTION F

DELIVERIES AND PERFORMANCE



SECTION F

DELIVERIES AND PERFORMANCE F.1. CONTRACT TYPE

F.1.1. This is a Firm-Fixed-Price, Indefinite Delivery/Indefinite Quantity (IDIQ) contract for Art Conservation services.

F.1.2. Procedure for Ordering Services: Services shall be provided only as authorized by delivery or task orders issued by the Government for the performance of services nationwide. F.1.2.1. The Contractor shall provide services only as authorized by the Contracting Officer or the Contracting Officer’s Representative/Alternate Contracting Officer’s Representative. F.1.2.2. Authorization for services will normally be written by delivery or task orders or modifications signed by the designated Ordering Official. Unless otherwise authorized, delivery or task orders will be issued on a GSA Form 300, Order for Supplies or Services, by the Ordering Official specifying on the order the following information:

a. Date of order. b. Contract number and Order number. c. Item number and work description. d. Quantity of days and unit price. e. Delivery or performance date. f. Place of delivery or performance. g. GSA asset identification number(s). h. Any other pertinent information.

F.1.2.3. All delivery or task orders must be properly executed and signed by the Contracting Officer prior to commencement of the work being provided.

F.1.3. Amendments and Changes.

F.1.3.1. Delivery or task orders may be adjusted by the Contracting Officer or Contracting Officer’s Representative/Alternate Contracting Officer’s Representative. by issuing written modifications.

F.1.3.2. Changes to terms and conditions of the basic contract shall be made in accordance with the Changes Clause of the General Provisions. Contract changes shall be made by the Contracting Officer on an executed Standard Form 30.



F.2. PLACE OF PERFORMANCE

The Art Conservation Services to be provided under this contract shall be performed within the Maryland, Virginia, or the District of Columbia located in the Washington Metropolitan Area (NCR) within a 50-mile radius of the NCR as identified in the contract. The services may be performed at any location, building, facility or site directed by the Government which is located within NCR. There will be no travel premium allowed for projects within the NCR. F.3. TIME OF DELIVERY

Basic Services. Upon official authorized notification, the Contractor may commence performance and shall be contractually obligated to provide complete services in accordance with the locations, dates, and times specified in the delivery or task order. Failure to provide the services within the time prescribed herein may result in termination of the contract for default. Official notification may be made orally and confirmed in writing by issuance of a delivery or task order. If the Contractor cannot meet the accelerated delivery schedule, the Government may obtain the services from another source. F.4. 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 the expiration date of the last option year.

F.5. 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 3 days before 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 five (5) years and 6 months.



F.6. WORK BY OTHERS

The Government reserves the right to undertake by another contract, by Government employees, or by other means, the same type or similar work as contracted for herein and to do so shall not be a violation of the terms of this contract, nor be considered as a termination in whole or in part of work contracted for hereunder. F.7. FAR 52.211-11 LIQUIDATED DAMAGES - SUPPLIES, SERVICES, OR

RESEARCH AND DEVELOPMENT (SEPT 2000)

(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, or any extension, the Contractor shall, in place of actual damages, pay to the Government as fixed, agreed, and liquidated damages, for each calendar day of delay, the sum of $______ (amount to be determined at the time an order is placed; typically $50.00 to $200.00 depending on the size of the order).

(b) Alternatively, if delivery or performance is so delayed, the Government may terminate this contract in whole or in part under the Default - Fixed-Price Supply and Services clause in this contract and in that event, the Contractor shall be liable for fixed, agreed, and liquidated damages accruing until the time the Government may reasonably obtain delivery or performance of similar supplies or services. The liquidated damages shall be in addition to excess costs under the Termination clause.

(c) The Contractor shall not be charged with liquidated damages when the delay in delivery or performance arises out of causes beyond the control and without the fault or negligence of the Contractor as defined in the Default - Fixed-Price Supply and Services clause in this contract.



SECTION G

CONTRACT ADMINISTRATION DATA



SECTION G

CONTRACT ADMINISTRATION DATA

G.1. PAYMENT - GENERAL

G.1.1. The remittance address for payments shall be that of the responsible ordering official. Any inquiries regarding payment shall also be directed to same ordering official. Remittance Address: General Services Administration PBS Payment Division (BCFA) PO Box 17181 Fort Worth, TX 76102-0181

G.1.2. Payment for any service rendered will be due in accordance with the 52.232-25 Prompt Payment clause in Section I. G.2. SUBMISSION OF INVOICES

G.2.1. The following information or documentation must be submitted with each invoice:

- Adequate description of services provided. - Total amount to be billed. - GSA property identification number - Task order number - Contract number - Pegasys Document Number (PDN)

G.2.2. All invoices shall be submitted electronically to www.finance.gsa.gov,

unless otherwise specified in this contract or in individual task orders. G.3. GSAM 552.232-72 FINAL PAYMENTS (NOV 2009)

Before final payment is made, the Contractor shall furnish the Contracting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically accepted by the Contractor from 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.

http://www.finance.gsa.gov/



SECTION H

SPECIAL CONTRACT REQUIREMENTS



SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 CONTRACT PERFORMANCE

The Offeror agrees that at least 90 percent of the conservator’s labor cost of contract performance incurred for personnel shall be expended for employees of its firm. In addition, the Offeror is required to dedicate all key personnel as named, committed, and accepted in its proposal. H.2. SECURITY CLEARANCE

The successful offeror must submit a Standard Form 86 and pass a security clearance. Forms are available on:

http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType+=SF.

H.3. IDENTIFICATION/BUILDING ACCESS

The Contracting Officer’s Representative or Alternate Contracting Officer’s Representative will give the Contractor the names of contacts for building/property access per delivery or task order with the contractor. H.4. PROHIBITION AGAINST SUBCONTRACTING.

The Contractor shall not subcontract any work required by this contract without the express prior approval of the Contracting Officer or Contracting Officer’s Representative or Alternate Contracting Officer’s Representative. If the Contracting Officer/Contracting Officer’s Representative or Alternate Contracting Officer’s Representative authorizes the Contractor to subcontract any part of the work required by this contract, a copy of any such subcontract shall be provided to the Contracting Officer/Contracting Officer’s Representative or Alternate Contracting Officer’s Representative. Failure to receive prior approval of the Contracting Officer or Contracting Officer’s Representative or Alternate Contracting Officer’s Representative may result in termination of a delivery or task order or contract.

http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType+=SF

http://www.gsa.gov/Portal/gsa/ep/formslibrary.do?formType+=SF



H.5. SENSITIVE BUT UNCLASSIFIED (SBU) INFORMATION

(a) Procedures for handling SBU information were published in GSA Order PBS 3490.1 on March 8, 2002 and signed by PBS Commissioner Moravec. SBU information includes but is not limited to paper and/or electronic documentation of certain physical information regarding GSA controlled space. Information includes building designs (such as floor plans), construction plans and specifications, renovation/alteration plans, equipment plans and locations, building operation plans, information used for building service contracts, or any other information considered a security risk.

(b) Those who are disseminating SBU information (which includes flow down dissemination by prime/general contractors, subcontractors, suppliers, Federal Agencies, etc.) must obtain a signed copy of the Document Security Notice by authorized users of SBU building information.

(c) Those with SBU information must exercise reasonable care to limit dissemination to authorized users based on a “need-to-know” criterion, which includes Federal and non-Government entities that are doing work at the request of the Government.

(d) It is the responsibility of the person or firm disseminating the information to assure that the recipient is an authorized user and to keep the Document Security Notice of recipients.

(e) Authorized users shall provide identification as follows:

1. Valid identification for Government users must verify Government employment.

2. Valid identification for non-Government users includes: • A copy of a valid business license or other documentation granted by

the state or local jurisdiction to conduct business. • Verification of a valid DUNS number against the company name listed

on the business license or certification. • A valid IRS or tax ID number of the company requesting the

information. • A valid picture state driver’s license.

(f) All professional services consultants shall sign the Document Security Notice

that documents containing SBU building information created under contract to the Federal Government shall be handled according to the procedures under the order.



PART II

SECTION I

SERVICE CONTRACT CLAUSES



SECTION I

SERVICE CONTRACT CLAUSES FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://www.arnet.gov/far/ NO. REFERENCE TITLE APPLICABILITY 1. 52.202-1 Definitions (Nov 2013) 2. 52.203-5 Covenant Against Contingent Fees (May 2014) 3. 52.203-6 Restrictions on Subcontractor Sales to the Government (Sep 2006) 4. 52.203-7 Anti-Kickback Procedures (May 2014) 5. 52.203-13 Contractor Code of Business Ethics and Conduct (Oct 2015) 6. 52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights (Apr 2014) 7. 52.204-19 Incorporation by Reference of Representations and

Certifications (Dec 2014) 8. 52.212-2 Evaluation-Commercial Items (Oct 2014) 9. 52.212-4 Contract Terms and Conditions-Commercial Items. (Jan 2017) 10. 52.212-5 Contract Terms and Conditions Required to Implement

Statutes or Executive Orders- Commercial Items (Jan 2017) 11. 52.216-24 Limitation of Government Liability (Apr 1984) 12. 52.216-25 Contract Definitization (Oct 2010) 13. 52.219-6 Notice of Total Small Business Set-Aside (Nov 2011) 14. 52.219-8 Utilization of Small Business Concerns. (Nov 2016) 15. 52.219-28 Post-Award Small Business Program Rerepresentation

(Jul 2013) 16. 52.222-3 Convict Labor (Jun 2003) 17. 52.222-17 Nondisplacement of Qualified Workers (May 2014) 18. 52.222-21 Prohibition of Segregated Facilities (Apr 2015) 19. 52.222-26 Equal Opportunity (Sep 2016) 20. 52.222-35 Equal Opportunity for Veterans (Oct 2015) 21. 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

http://www.arnet.gov/far/



22. 52.222-37 Employments Reports on Veterans (Feb 2016) 23. 52.222-43 Fair Labor Standards Act and Service Contract Labor

Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014)

24. 52.222-50 Combating Trafficking in Persons (Mar 2015) 25. 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving (Aug 2011) 26. 52.225-1 Buy American – Supplies (May 2014) 27. 52.228-5 Insurance-Work on a Government Installation. (Jan 1997) (a)The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 28. 52.225-13 Restrictions on Certain Foreign Purchases (June 2008) 29. 52.232-1 Payments (Apr 1984) 30. 52.232-25 Prompt Payment (Jan 2017) 31. 52.232-33 Payment by Electronic Funds Transfer-- System for Award Management (Jul. 2013) 32. 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 33. 52.233-1 Disputes (May 2014) 34. 52.233-3 Protest after Award (Aug 1996) 35. 52.233-4 Applicable Law for Breach of Contract Claim (Sep 2016) 36. 52.244-6 Subcontracts for Commercial Items (Nov 2017)



37. 52.246-25 Limitation of Liability-Services. (Feb 1997) 38. 52.248-1 Value Engineering (Oct 2010) 39. 52.249-4 Termination for Convenience of the Government (Services) (Short Form). (Apr 1984) 40. 52.249-8 Default (Fixed-Price Supply and Service). (Apr 1984) 41. 52.253-1 Computer Generated Forms (Jan 1991) 42. 52.204-7 System for Award Management (Oct 2016) (a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator” means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. “Registered in the System for Award Management (SAM) database” means

that— ● (1) The Offeror has entered all mandatory information, including the

unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;

● (2) The offeror has completed the Core, Assertions, and Representations and Certification, and Points of contact sections of the registration in the SAM database;

● (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

● (4) The Government has marked the record “Active”. “Unique entity identifier” means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers. (b)

● (1) By submission of an Offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

● (2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.

http://www.sam.gov/

http://www.sam.gov/



(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

● (1) Company legal business name. ● (2) Trade style, doing business, or other name by which your entity

is commonly recognized. ● (3) Company physical street address, city, state and Zip Code. ● (4) Company mailing address, city, state and Zip Code (if separate

from physical). ● (5) Company telephone number. ● (6) Date the company was started. ● (7) Number of employees at your location. ● (8) Chief executive officer/key manager. ● (9) Line of business (industry). ● (10) Company Headquarters name and address (reporting

relationship within your entity). (d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) Offerors may obtain information on registration at

https://www.acquisition.gov. 43. 552.228-70 Workers’ Compensation Laws. (Sep 1999)

The Act of June 25, 1936, 49 Stat. 1938 (40 U.S.C. 290) authorizes the constituted authority of the several States to apply their workers’ compensation laws to all lands and premises owned or held by the United States.

http://www.sam.gov/

http://www.sam.gov/

https://www.acquisition.gov/



PART III

SECTION J

LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

NO. TITLE J-1 Standard Form 1449 – Solicitation/Contract/Order for

Commercial Items J-2 GSA Conservator Qualifications Questionnaire (CQQ) J-3 GSA Form 527 - Contractor’s Qualifications and Financial Information J-4 Attachment A – Questions & Answers Format Template



SECTION K

REPRESENTATIONS AND CERTIFICATIONS

TO BE RETURNED WITH PROPOSAL



FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (NOV 2017)

_____________________________________

(Name of the Offeror)

___________________________________ ________________________

(Signature of Authorized Individual) (Date)

_____________________________________

(Typed Name of Authorized Individual)

Note: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “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.

“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.

https://www.sam.gov/portal



“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.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized

peacekeeping force or humanitarian organization;

http://uscode.house.gov/




(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. “Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”— (1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and


http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20




(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.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“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 (t) 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 □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

http://www.acquisition.gov/

https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194


https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667



(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


https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html#wp225048




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 .]

(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 [email protected].

(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—



https://www.acquisition.gov/sites/default/files/current/far/html/[email protected]

http://www.treasury.gov/ofac/downloads/t11sdn.pdf



(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 unique entity identifier in the solicitation.

(1) The Offeror represents that it □ has or □ 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) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony

Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and

Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that—

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an




agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(2) The Offeror represents that— (i) It is □ is not □ a corporation that has any unpaid Federal tax liability that has

been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(ii) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.)

(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(2) If the Offeror has indicated “is” in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name) (s) [Reserved]. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in

all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or

more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].

(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.





(iii) A publicly accessible website includes the Offeror’s own website or a recognized, third-party greenhouse gas emissions reporting program.

(3) If the Offeror checked “does” in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reduction goals are reported:_________________.

(u)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign 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.

(2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

Alternate I (Oct 2014). As prescribed in 12.301(b)(2), add the following paragraph

(c)(11) to the basic provision: (11) (Complete if the offeror has represented itself as disadvantaged in paragraph

(c)(4) of this provision.)

____ Black American.

____ Hispanic American.




____ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

____ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).

____ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

____ Individual/concern, other than one of the preceding.



SECTION L

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS



SECTION L

INSTRUCTIONS, CONDITION, AND NOTICES TO OFFERORS

L.1. FAR 52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JAN 2017)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers, email addresses and other relevant information); and



(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during pre-award testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation), or alternative commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or



(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.



(1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--

GSA Federal Supply Service Specifications Section Suite 8100 470 L’Enfant Plaza, SW Washington, DC 20407 Telephone (202) 619-8925) Facsimile (202 619-8978).

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites--

(i) ASSIST (https://assist.dla.mil/online/start/ ).

(ii) Quick Search (http://quicksearch.dla.mil/).

(iii) ASSISTdocs.com (http://assistdocs.com).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by—

(i) Using the ASSIST Shopping Wizard ( https://assist.dla.mil/wizard/index.cfm );

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or

(iii) Ordering from DoDSSP, Building 4 Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697/2197, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for

https://assist.dla.mil/online/start/

http://quicksearch.dla.mil/

http://assistdocs.com/

https://assist.dla.mil/wizard/index.cfm



Award Management (SAM) database.) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of rationale for award;

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of Provision)

http://www.sam.gov/

http://www.sam.gov/

https://www.acquisition.gov/



L.2. FAR 52.216-1 - TYPE OF CONTRACT (APR 1984) The Government contemplates award of a single Indefinite Delivery/Indefinite Quantity fixed hourly rate contract resulting from this solicitation. L.3. FAR 52.233-2 – SERVICE OF PROTEST (SEP 2006)

(a) 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 Contracting Officer listed in Section E.1.1 of this solicitation.

(b) The copy of any protest shall be received in the office designated above within

one day of filing a protest with the GAO. L.4. SERVICE CLASSIFICATION AND SIZE STANDARD

The services covered by this solicitation are classified as Arts in Conservation Services. The North American Industry Classification System (NAICS) Code is 711510. For purposes of this procurement, any concern will be classified as small business if its average annual receipts for the preceding three fiscal years do not exceed $6.0 million. L.5. INSURANCE REQUIREMENT Liability insurance coverage, written on the comprehensive form of policy, is required in the amount of $50,000 per occurrence for property damage and $500,000 per occurrence for bodily injury. (See FAR Clause 52.228-5, INSURANCE - WORK ON A GOVERNMENT INSTALLATION and GSAM Clause 552.228-76, INSURANCE, in Part II, Section I.) L.6. QUALIFICATIONS OF OFFERORS Offerors will be considered only from responsible organizations or individuals now or recently engaged in the performance of art conservation contracts comparable to those described in this solicitation. In order to determine an offeror’s qualifications, the offeror may be requested to furnish a narrative statement listing comparable contracts which it has performed; a general history of its operating organization; and its complete experience. An offeror may also be required to furnish a statement of its financial resources; show that it has ability to maintain a staff of regular employees adequate to ensure continuous performance of the work; and, demonstrate that its equipment and/or plant capacity for the work contemplated is sufficient, adequate, and suitable.




Competency in performing comparable work, demonstration of acceptable financial resources, personnel staffing, plant, equipment, and supply sources will be considered in determining whether an offeror is responsible.

Prospective Offerors are advised that in evaluating these areas involving any

small business concern(s), any negative determinations are subject to the Certificate of Competency procedures set forth in the Federal Acquisition Regulations.

Senior Conservator - Fine arts conservators in a specific area of expertise must

have a master’s degree or graduate certificate from an accredited arts school, college, university or program in conservation, and have a minimum of 10 years specialized experience in the field of art conservation.

Additionally, the conservator must be a Professional Associate or Fellow of the

American Institute for the Conservation of Historic and Artistic Works (AIC). The AIC defines these categories of membership as follows:

Professional Associate – • Be a current Associate member. • Have earned an undergraduate university degree or the international equivalent

(a waiver may be attained by writing to the Membership Committee explaining any equivalent education).

• Have two years (2) of full-time formal education or related supervised training in a field appropriate to other professional involvement in conservation (e.g., chemistry for conservation scientists, library science for library preservation administrators, art history for museum conservation administrators, business management for administrators).

• Have three (3) years of full-time work or its part-time equivalent in conservation or in a conservation related profession after training. Program training internships may not be counted toward this requirement.

Fellow – • Have two (2) years prior membership with Professional Associate designation. • Have a minimum of ten years of experience after conservation training or part-

time experience which equals ten (10) years of full-time experience. Such experience should have enabled an individual to develop considerable professional skills and judgment with demonstrable achievement in such areas as conservation treatment practice, scholarly research, education, scientific investigation, and preservation management. Post-graduate fellowships or internships may be included in the required 10 years of experience.



Assistant Conservator/Technician - The Technician in a specific area of expertise must have a bachelor degree from an accredited arts school, college, university or program in conservation, and have a minimum of 5 years specialized experience in the field of art conservation.

Framer - The framer must have experience with framing and matting works of fine

art with significant value. The framer must have an expert understanding of and skills in museum standard art handling best practices and have completed museum quality framing.

Levels of Expertise - The level of expertise required for all Conservation services

to be provided shall be identified by the Contractor in the Management Approach (Staffing Plan) to be submitted with the applicable delivery order. It is the government’s intention that the Contractor will use the proper level of expertise required for all contract services.

Minimum requirements. The following are minimum requirements and must be

demonstrated: (a) Each proposed individual must have completed at least six (6) projects similar to

that required by this solicitation within the past three (3) years. (b) The projects must have been completed within the required time frames and the

completed work determined to be satisfactory or better. (c) At least one Senior Conservator on team.

L.7. SITE VISIT Site visits to review the artwork will be arranged with the appropriate facilities managers and/or Fine Arts Officers at the time of issuance of work orders. The Government reserves the right to visit the conservator's studio or site during the conservation. L.8. TECHNICAL PROPOSAL INSTRUCTIONS – Marked “Volume II, Technical

Proposal”

Each Technical Proposal should be sufficiently complete and organized to ensure that evaluation can be made on the basis of its content. It is important that the technical proposal be organized as specified below. Marked “Volume II, Technical Proposal".



L.8.1. General Information

The general information portion of the submission should contain: 1. Firm's Name - The complete name and telephone number of the

Offeror. 2. Responsible Conservator - The name, title and telephone number of

the individual responsible for the conservation of artwork.

L.8.2. Technical Proposal Guidelines

The offeror should prepare specific plans for accomplishing all of the responsibilities as outlined under this solicitation. The following paragraphs detail the information which should be included in this technical proposal.

A. Experience and Qualifications

(1) Offerors are required to discuss and give examples of their familiarity, involvement, and/or application in providing art conservation, restoration, and any related services. Offerors shall provide their six (6) most recent comparable contract awards for Federal, State or Local Government projects, or private sector projects. All of these projects must have been performed in the last three (3) years.

For each project, provide the following information:

(a) Contracting agency or client: name, address, and telephone

number of the Technical Officer and/or Contracting Officer or, if a private sector project, the main point-of-contact;

(b) Offeror’s contract number and other means of identification,

contract type (art conservation, preservation, etc.), and total contract price; (c) Approximate size [type of artwork, number of artworks, size of

artwork, etc.]; (d) Date of contract and period of performance; (e) Detailed description of work performed, delineating contractor work

and subcontracting; (f) Number of personnel with names of staff, including description of

the role of each individual and denote any staff members that are subcontractors on the project.



(g) Brief description of how the contract is similar to this proposed contract in a manner sufficient to permit GSA assessment and judgment as to comparable magnitude or effort. The following artwork services may be used as a guide:

(i) Conservation;

(ii) Survey, assessment of condition including recommended treatments;

(iii) Combination/other (explain).

(h) Assessment and Final Treatment Report for all of the projects submitted in this solicitation.

(2) Present Projects. In addition to the above, list (provide staff names

and projects, locations, owners, estimated cost, etc.) all works on papers conservation work your firm is currently responsible for, percent of completion, and subcontracting firm(s), if any associated with the project(s).

(3) Resumes and Conservator Qualification Questionnaire (CQQ). Provide resumes for personnel who will be providing services under this contract. Demonstrate that each individual to be providing services under this contract has had previous experience in performing the services required by this solicitation.

In addition, each Offeror must complete current CQQ for all full time

employees, and their position on the staff with their relevant skills must be disclosed in the form of an organizational chart.

B. Technical Capabilities and Resources

This factor refers to the method to be used for the conservation/ restoration of the artwork at the appropriate facility, equipment to accommodate artwork of varying dimensions and methods used for the transport for the artwork.

Offerors will be evaluated on whether they demonstrated an

understanding of and experience in each of the following areas:

(1) The methods of conservation/restoration which will not cause any changes affecting the historic and/or aesthetic appearance and/or value of the artwork;

(2) The process(es) to be used for conservation/restoration work and

how they are carried out in maintaining the artwork; (3) Up-to-date information on art conservation/restoration procedures; (4) Phases of conserving artwork;



(5) Framing works on paper; (6) Transporting artwork; (7) Installation and Deinstallation of artworks; (8) Contractor’s Facilities - Due to the critical nature of the work to be

performed under this contract, the Contractor must have appropriate facilities and space to perform services. Facilities should provide a secure, climate controlled environment, with: temperature/humidity control at 68-70% temperature, and 50-55% relative humidity (+ 5%); adequate security alarm system; adequate fire prevention or sprinkler system (preferably “dry” line); and adequate space for safe loading and unloading of artwork. The Government reserves the right to inspect the conservator’s facility during the proposal evaluation phase of the procurement.

(9) The method to be used for the conservation of the artwork at the

appropriate studio, facility and equipment to accommodate artwork of varying dimensions and scale.

C. Past Performance

This section should outline the Offeror’s overall past performance for

GSA or other clients in terms of (a) quality of services, (b) timeliness of performance, and (c) customer relations. Offerors must provide information on two (2) recent projects (no more than 3 years old) from those submitted in this solicitation, including contact information for the ordering entity for each project. Offerors who lack past performance will be evaluated neutrally.

D. Management Approach

Offerors are required to provide a management plan which will include a staffing plan, organizational chart, and explanation of organizational responsibilities. Offerors shall submit their plan for managing the contract, provide an explanation of their management philosophy, demonstrate a plan for executing contract services, and otherwise indicate how the Offeror plans to facilitate the contract requirements.

Coordination Plan. The Contractor must provide a coordination plan

which includes how the offeror will allocate time for completion of task orders under this contract. Detail how the team members in different geographic locations will work together to accomplish the necessary work. Provide a staffing chart which delineates line and key staff functions.

Cost Control Plan. The Contractor must explain how costs will be

controlled internally and how payment requisitions will be generated. Indicate how the



offeror will maintain quality at the lowest overall cost to the Government. Indicate how price adjustments for Government directed charges will be minimized.

L.9. PRICE PROPOSAL INSTRUCTIONS – Marked “Volume I, Price Proposal”

L.9.1 Prepare separate Price Proposal.

A. Provide completed Section B – Supplies or Services and Prices/Costs, Proposal Offer Sheets and Summary of prices (B9), for the base year and each option year.

B. Complete On-line Representations and Certifications Applications,

ORCA, or provide a Statement indicating “Certification Validity” date on most recent annual representations and certifications from the On-Line Representations & Certifications Application (ORCA).

C. Provide three signed copies of Standard Form 1449,

Solicitation/Contract/Order for Commercial Items. Each page must contain an original signature of the person authorized to sign the proposal (Block 30a of Standard Form 1449). The Offeror shall certify that the firm’s quote will be valid for at least 60 days after 16 April 2018.

D. Provide completed Contractor’s Qualifications and Financial Information

form GSA Form 527 (See Section J). L.10. SOLICITATION SUBMISSION INSTRUCTIONS

Offerors shall prepare and deliver technical and price proposal that shall be evaluated in determining the “best value” proposal. All proposals shall be submitted via email to [email protected], with a copy (cc) to [email protected] by 11:00 am EST, Monday, April 16, 2018. The price proposal shall be a separate volume, .pdf attachment from the technical volume. A minimum of two (2) electronic documents shall be submitted for this Request for Proposal (RFP):

1. Technical narrative volume, named (Contractor’s Name) – Technical Volume

2. Price PDF narrative volume, named (Contractor’s Name) – Price Volume

Offerors may add on to the file names after this defined piece.

Large email attachments can be delayed during regular business hours. GSA has an attachment size limit of 20 MB. If this is a problem, submit as multiple emails with small attachments, or with enough time to clear the server delays. Proposals not time stamped in the receiving email inbox, at or earlier than the due date and time, will be late and not accepted.



The Technical Narrative shall all be delivered as electronic document and formatted to fit on 8 1/2” by 11” paper with no less than 1” margins on all four sides of each page. The Technical Narrative (excluding sample condition assessment, conservation proposals and conservation treatment reports) shall not exceed 70 pages. The font shall be Times New Roman, and the size of all text shall not be less than 12pt. All material that is not originally authored by the Offeror (including images, tables or statements) shall credit in the original author (citation reference format is at the discretion of the Offeror).

Questions regarding the RFP may be submitted to [email protected],

with a copy (cc) to [email protected] by 3:00 pm EST, Tuesday, March 27, 2018, using the format in Attachment A. Responses to all Offeror questions will be posted as an amendment to the RFP before or by no later than 5:00 pm EST Friday, March 30, 2018.



SECTION M

EVALUATION FACTORS AND AWARD



SECTION M

EVALUATION FACTORS AND AWARD

M.1. GENERAL The best value tradeoff process in FAR 15.101-1 will be used in this procurement

for the evaluation of offers and the selection of successful offerors. The award may be made on the basis of initial proposals without conducting discussions. Therefore, Offerors are requested to initially submit proposals to the Government on the most favorable terms from a technical and price standpoint. There will be a single award indefinite delivery/indefinite quantity, firm-fixed-price contract that will result from this solicitation.

M.2. PROPOSAL EVALUATIONS

(a) A Technical Evaluation Board (TEB) consisting of GSA professional personnel will be convened to review and evaluate all proposals. These evaluations will be based on the Art Conservation Services’ responses to both the technical evaluation factors and pricing requirements stated in this Request for Proposal (RFP).

(b) The Government hereby notifies offerors that taking exception to any term or condition of the RFP (including submitting any alternate proposal that requires relaxation of a requirement) could make an offer unacceptable. Unless the RFP expressly authorized an exception with regard to that specific term or condition, the Government will consider any exception to any term or condition of the RFP that is not expressly authorized by the RFP to be a deficiency, as defined in FAR 15.001, which may or may not be subject to correction.

M.3. BASIS FOR AWARD

The Government will make an award to the responsible Offeror whose offer conforms to the solicitation and is most advantageous to the Government, price and technical factors listed below considered. For this RFP, all evaluation factors other than price, when combined, are significantly more important than price. As proposals become more equal in their technical merit, the evaluation of price becomes more important. M.4. TECHNICAL EVALUATION

M.4.1 Technical Evaluation Factor One: Experience and Qualifications

Basis of Evaluation: Offers shall be evaluated in regard to their familiarity, involvement, and/or application in providing art conservation to various types of works on



paper, prints, photographs, watercolors, etc. restoration, maintenance, GSA and Federal laws and any related services.

Offerors shall provide their six (6) most recent comparable contract awards

for Federal, State, or Local Government projects or private sector projects. All of these projects must have been performed in the last three (3) years.

Offerors will be evaluated on prior and ongoing projects to determine if they

have adequately demonstrated their experience in conservation all types of works on paper. Offerors also will be evaluated on whether they have demonstrated sufficient staffing, or planned staffing, to undertake the projects detailed in the scope of the contract.

1. For each project, the following was requested from vendor:

(a) Contracting agency or client: name, address, and telephone number

of the Technical Officer and/or Contracting Officer or, if a private sector project, the main point-of-contact;

(b) Offeror’s contract number and other means of identification, contract

type (art conservation, preservation, etc.), and total contract price; (c) Approximate size [type of artwork, number of artworks, size of

artwork, etc.]; (d) Date of contract and period of performance; (e) Detailed description of work performed, delineating contractor work

and subcontracting; (f) Number of personnel with names of staff, including description of the

role of each individual and denote any staff members that are subcontractors on the project;

(g) Brief description of how the contract is similar to this proposed

contract in a manner sufficient to permit GSA assessment and judgment as to comparable magnitude or effort. The following artwork services may be used as a guide:

(i) Conservation; (ii) Survey, assessment of condition including recommended

treatments; (iii) Combination/other (explain).



(h) Assessment and Final Treatment Report for all of the projects submitted in this solicitation.

2. Present Projects. In addition to the above, list (provide staff names and

projects, locations, owners, estimated cost, etc.) all works on paper conservation work your firm is currently responsible for, percent of completion, and subcontracting firm(s), if any associated with the project(s).

3. Resumes and Conservator Qualification Questionnaire (CQQ). Provide

resumes for personnel who will be providing services under this contract. Demonstrate that each individual to be providing services under this contract has had previous experience in performing the services required by this solicitation.

In addition to the resume, each Offeror must complete current CQQ for

all full time employees, and their position on the staff with their relevant skills must be disclosed in the form of an organizational chart.

QUALIFICATIONS:

Offerors will be considered only from responsible organizations or

individuals now or recently engaged in the performance of art conservation contracts comparable to those described in this solicitation. In order to determine an offeror’s qualifications, the offeror may be requested to furnish a narrative statement listing comparable contracts which it has performed; a general history of its operating organization; and its complete experience. An offeror may also be required to furnish a statement of its financial resources; show that it has ability to maintain a staff of regular employees adequate to ensure continuous performance of the work; and, demonstrate that its equipment and/or plant capacity for the work contemplated is sufficient, adequate, and suitable.

Competency in performing comparable work, demonstration of acceptable financial resources, personnel staffing, plant, equipment, and supply sources will be considered in determining whether an offeror is responsible.

Prospective Offerors are advised that in evaluating these areas involving

any small business concern(s), any negative determinations are subject to the Certificate of Competency procedures set forth in the Federal Acquisition Regulations.

Senior Conservator - Fine arts conservators in a specific area of expertise must have a master’s degree or graduate certificate from an accredited arts school, college, university or program in conservation, and have a minimum of 10 years specialized experience in the field of art conservation.



Additionally, the conservator must be a Professional Associate or Fellow of the American Institute for the Conservation of Historic and Artistic Works (AIC). The AIC defines these categories of membership as follows:

Professional Associate –

• Be a current Associate member. • Have earned an undergraduate university degree or the

international equivalent (a waiver may be attained by writing to the Membership Committee explaining any equivalent education).

• Have two years (2) of full-time formal education or related supervised training in a field appropriate to other professional involvement in conservation (e.g., chemistry for conservation scientists, library science for library preservation administrators, art history for museum conservation administrators, business management for administrators).

• Have three (3) years of full-time work or its part-time equivalent in conservation or in a conservation related profession after training. Program training internships may not be counted toward this requirement.

Fellow –

• Have two (2) years prior membership with Professional Associate

designation. • Have a minimum of ten years of experience after conservation

training or part-time experience which equals ten (10) years of full-time experience. Such experience should have enabled an individual to develop considerable professional skills and judgment with demonstrable achievement in such areas as conservation treatment practice, scholarly research, education, scientific investigation, and preservation management. Post-graduate fellowships or internships may be included in the required 10 years of experience.

Assistant Conservator/Technician - The Technician in a specific area of

expertise must have a bachelor degree from an accredited arts school, college, university or program in conservation, and have a minimum of 5 years specialized experience in the field of art conservation.

Framer - The framer must have experience with framing and matting works

of fine art with significant value. The framer must have an expert understanding of and skills in museum standard art handling best practices and have completed museum quality framing.



Levels of Expertise - The level of expertise required for all Conservation services to be provided shall be identified by the Contractor in the Management Approach (Staffing Plan) to be submitted with the applicable delivery order. It is the government’s intention that the Contractor will use the proper level of expertise required for all contract services.

Minimum requirements. The following are minimum requirements and

must be demonstrated:

(a) Each proposed individual must have completed at least six (6) projects similar to that required by this solicitation within the past three (3) years.

(b) The projects must have been completed within the required time frames

and the completed work determined to be satisfactory or better. (c) At least one Senior Conservator on team

M.4.2 Technical Evaluation Factor Two: Technical Capabilities and

Resources

Basis of Evaluation: Offers shall be evaluated on the method to be used for the conservation/restoration of the artwork at the appropriate facility, equipment to accommodate artwork of varying dimensions and methods used for the transport for the artwork.

Offerors will be evaluated on whether they demonstrated an understanding

of and experience in each of the following areas: The methods of conservation/restoration which will not cause any changes affecting the historic and/or aesthetic appearance and/or value of the artwork; The process(es) to be used for conservation work and how they are carried out in maintaining the artwork; Up-to-date information on art conservation procedures; Phases of conserving artwork; Framing works on paper; Transporting artwork ; Installation and Deinstallation of artworks; Contractor’s Facilities - The Contractor must have appropriate facilities and space to perform services. Facilities should provide a secure, climate controlled environment, with: temperature/humidity control at 68-70% temperature, and 50-55% relative humidity (+ 5%); and adequate space for safe loading and unloading of artwork, adequate security alarm system and adequate fire prevention or sprinkler system (preferably “dry” line). The Government reserves the right to inspect the conservator’s facility during the proposal evaluation phase of the procurement.



The method to be used for the conservation of the artwork at the appropriate studio, facility and equipment to accommodate artwork of varying dimensions and scale.

M.4.3 Technical Evaluation Factor Three: Past Performance

Basis of Evaluation: Offers shall be evaluated and selection will be based on:

(a) Quality of Services (b) Timeliness of Performance (c) Customer Relations

This section should outline the Offeror’s overall past performance for GSA

or other clients in terms of (a) quality of services, (b) timeliness of performance, and (c) customer relations. Offerors must provide information on two (2) recent projects (no more than 3 years old) from those submitted in this solicitation, including contact information for the ordering entity for each project. (From Section L.8.2) Offerors who lack past performance will be evaluated neutrally.

M.4.4 Technical Evaluation Factor Four: Management Approach

Basis of Evaluation: Offers shall be evaluated and selection will be based on:

Offerors are required to provide a management plan which will include a

staffing plan, organizational chart, and explanation of organizational responsibilities. Offerors shall submit their plan for managing the contract, provide an explanation of their management philosophy, demonstrate a plan for executing contract services, and otherwise indicate how the Offeror plans to facilitate the contract requirements.

Coordination Plan. The Contractor must provide a coordination plan which

includes how the offeror will allocate time for completion of work orders under this contract. Detail how the team members with varying skills (conservator and framer) will work together to accomplish the necessary work. Provide a staffing chart which delineates line and key staff functions.

Cost Control Plan. The Contractor must explain how costs will be controlled

internally and how payment requisitions will be generated. Indicate how the offeror will maintain quality at the lowest overall cost to the Government. Indicate how price adjustments for Government directed charges will be minimized.



M.5. PRICE EVALUATION

Price evaluation will be based on the estimated hours/hourly rate prices quoted in Section B. The offeror’s total price will be determined by multiplying the government estimated requirement and the offeror’s proposed hourly rate price to arrive at the offeror’s total price for the base year and each option year. The price proposal will be evaluated based on the total price for the base year and the four option years.

M.6. FAR 52.217- 5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interest, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). M.7. AWARD OF CONTRACT

A contract will be awarded, pending availability of funds, (see FAR clause 52.232-18) to the successful Offeror following evaluation. The award document will be Standard Form 1449, Solicitation/Contract/Order for Commercial Items. This form will be executed by the Contracting Officer on behalf of the Government.

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