12474018R0013.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER PAGE 1 OF 27

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

12474018R0013 06/14/2018

7. FOR SOLICITATION

INFORMATION

CONTACT:

a. NAME

Beverly Brown

b. TELEPHONE NUMBER (no collect calls)

540-361-1126

8. OFFER DUE DATE/

LOCAL TIME

07/06/2018 2:00 pm central

9. ISSUED BY CODE 6395 10. THIS ACQUISITION IS

USDA, AMS, Cotton and Tobacco Program 100 Riverside Parkway Suite 101 Fredericksburg, VA 22406

UNRESTRICTED OR SET-ASIDE FOR:

SMALL BUSINESS EMERGING SMALL

BUSINESS

HUBZONE SMALL 8(A)

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

NAICS: 484220

SIZE

STANDARD:

$21.5 million

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

See Schedule

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

USDA, AMS, Cotton & Tobacco Programs Corpus Christi Classing Office 3545 Twin River Blvd Corpus Christi, TX 78410

See Block 9

17a. CONTRACTOR/OFFEROR CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE USDA, Office of Finance and Management

National Finance Center PO Box 60075 New Orleans, LA 70160

TELEPHONE NO.

17b. CHECK IF REMITTANCE ADDRESS IS DEFFERENT AND PUT SUCH ADDRESS IN OFFER.

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

01A

BASE YEAR: August 1, 2018 through July 31, 2019 Sample Hauling Services – Corpus Christi Rt 4

BASE YEAR: GAS Price

TOTAL PRICE PER BAG for BASE YEAR Line 01 + Line 01A)

9,500 Estimated

9,500 Estimated

9,500 Estimated

BG

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.

ADDENDA ARE ARE NOT ATTACHED.

ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN __1__ COPY TO ISSUING

OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR

OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND

CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REF. OFFER DATED. YOUR OFFER ON SOLICITATION (BLOCK

5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO

ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

SF-1449 CONTINUATION

Schedule of Items Continuation

Item Estimated Unit No. Schedule of Supplies/Services Qty. Unit Price Amount

02 Option Period I: August 1, 2019 through July 31, 2020 9,500 BG _____ _____

02A Option Period I: GAS PRICE 9,500 BG _____ _____

TOTAL PRICE PER BAG for Option Year I: 9,500 BG _____ _____ (Line 02 + Line 02A)

03 Option Period I: August 1, 2020 through July 31, 2021 9,500 BG _____ _____

03A Option Period I: GAS PRICE 9,500 BG _____ _____

TOTAL PRICE PER BAG for Option Year II: 9,500 BG _____ _____ (Line 03 + Line 03A)

04 Option Period I: August 1, 2021 through July 31, 2022 9,500 BG _____ _____

04A Option Period I: GAS PRICE 9,500 BG _____ _____

TOTAL PRICE PER BAG for Option Year III: 9,500 BG _____ _____ (Line 04 + Line 04A)

Offeror Notes:

A. This will be a firm-fixed price contract with economic price adjustment indefinite delivery indefinite quantity (IDIQ) contract for sample hauling services.

B. Because the price of fuel is so volatile, the USDA is asking that the price per bag be broken down into two separate line items so that an economic price adjustment for fuel can be made in Option Years I through III.

The first line item is for the cost per bag excluding that portion that may be attributed to fuel/gas. The second line item is the price for fuel/gas that contributes to the overall cost per bag. The offeror’s proposal must include the type of fuel used (i.e., diesel, regular unleaded, etc.) and the current price per gallon for fuel that was used to establish the GAS PRICE for the second line item. This price must be shown for the Base Year and

Option Year I through III. AN ECONOMIC PRICE ADJUSTMENT FOR FUEL WILL ONLY BE GIVEN

FOR OPTION YEARS I THROUGH III.

BASE Year Fuel Price: _________ Type of Fuel:_______________

Option Year I Fuel Price:____________ Type of Fuel:_______________

Option Year II Fuel Price:_____________ Type of Fuel:_______________

Option Year III Fuel Price:_____________ Type of Fuel:_______________

C. The USDA will use data from the Department of Energy website, http://tonto.eia.doe.gov/dnav/pet/pet_pri_gnd_dcus_nus_w.htm, to determine the average weekly price of fuel for the sample hauling route, as of June 1. USDA will then negotiate an increase in fuel if the average fuel price has increased more than the price stated above for Option Years I through III.

For example, Option Year I gas price was based on $4.25 per gallon for diesel fuel. The DOE website shows that the weekly price for gas as of June 1 is $4.35 per gallon. USDA will negotiate and adjustment for the GAS Price because of the increase in fuel prices.

D. ESTIMATED QUANTITIES

As it is impossible to determine the exact quantities that will be required during the contract term, each bidder whose bid is accepted will be required to deliver all services that may be ordered during the contract term. The fact that quantities are estimated shall not relieve the contractor from filling all orders placed under this contract to the extent of his/ her obligation. Because the quantities are estimated and there is no way to predict the cotton crop from season to season, an upward/downward price adjustment for cost per bag may be needed for Option Years I through III. Either party (Government or Contractor) may request a price evaluation if the change in quantities is equivalent to or exceeds 20% of the estimated quantities.

SPECIFICATIONS FOR COTTON SAMPLE HAULING SERVICES

CORPUS CHRISTI COTTON CLASSING OFFICE

EAST TEXAS GINS ROUTE #4

C.1 BACKGROUND:

Agricultural Marketing Service (AMS), Cotton and Tobacco Program (CTP), Grading Division (GD), supports the orderly and efficient marketing of U.S. cotton, domestically and internationally, by providing unbiased classification, standardization, market news and oversight of the research and promotion programs.

The USDA, AMS, CTP operates High Volume Instruments (HVI) to electronically classify cotton samples (each approximately 8 ounces) that are taken from full bales (500 pounds) at gin locations and transported to designated testing laboratories operated by the CTP.

Under current testing procedures an individual places samples in designated locations on the HVI to test fiber length, strength, uniformity, micronaire, color and trash content. These instruments are solely relied upon by USDA and the domestic and international cotton industries to provide accurate and timely classification data for the marketing stream. The resulting data is transmitted in real time, as samples are tested, to mainframe computers and made available to owners or agents of the cotton all over the world. CTP is considered the world’s leader in HVI testing and tests virtually every bale of cotton grown in the U.S. each year (approximately 15-18 million samples on average in a typical year) so speed, accuracy and efficiency are key components of the CTP operation in each of its ten testing locations across the Cotton Belt (cotton producing states across the United States).

C.2 SCOPE:

The government requires contractor services for the transporting of sacks of cotton samples from gins and warehouses at points shown in the attached specifications/maps to the U. S. Department of Agriculture, Agricultural Marketing Service, Cotton and Tobacco Program (CTP), Corpus Christi Classing Office, 3545 Twin River Blvd. Corpus Christi, TX 78410. The contractor shall furnish all necessary labor, tools, truck(s) and equipment in accordance with these specifications, general provisions, and all other conditions of this Request for Proposal necessary for transporting of sacks of cotton samples.

C.3 TASKS:

The Contractor is responsible for completing the tasks described below.

C.3.1 PICK-UP AND DELIVERY POINTS:

Contractor shall furnish all necessary labor for loading sacks of cotton samples at pick-up points. Sacks of cotton samples will be picked up from warehouses and/or gins in the Corpus Christi Classing Office territory as listed on the route map attached to this specification.

Contractor shall furnish all necessary labor for unloading sacks of cotton samples at delivery point. The sacks of cotton samples will be delivered to the Corpus Christi Classing Office, Corpus Christi, Texas, or to a storage facility close to the classing office as designated by the Area Director. The contractor shall provide all labor for the unloading of sacks as determined by the Area Director.

C.3.2 COTTON SAMPLE SACKS:

The size of the sacks will be approximately 29" by 42". Most sacks will weigh between 20 and 50 pounds when completely filled with cotton samples. The CTP requires licensed sampling agents to place samples in the sacks as tightly as possible in order to maintain sample identity and integrity. Therefore the number of samples within the sacks can vary considerably by pick-up point due to sample size and techniques utilized to roll samples in the sacks. All hauling services for sacks will be at the direction of the local point of contact, Ben Robles in the Corpus Christi Classing Office.

C.3.3 RETURN COTTON SAMPLE SACKS:

The contractor may be required to return bundles of empty cotton sample sacks to sampling agents. The empty sacks will be rolled and/or sacked. If the contractor is required to return bundles of empty sacks, the contractor will be paid for each bundle at the same rate as the accepted quotation price. Initial delivery and much of the re-supply of sacks to sampling agents will be handled by Classing Office personnel on their visits to sampling agents.

C.3.4 VERIFICATION OF NUMBER OF SACKS PICKED UP & DELIVERED

A form to be used for the verification of the number of sacks of cotton samples picked up and delivered to the Corpus Christi Classing Office or storage facility will be furnished to the contractor by the Area Director prior to commencement of this contract. Complete instructions for completing the form will be furnished to the contractor and one copy of each completed form must be attached to the contractor's monthly invoice when submitted for payment.

C.4 PERIOD OF PERFORMANCE:

Sample hauling services are required for the cotton harvest seasons. This time period could vary depending on the location of the services and the duration of the cotton harvest. Based on prior years, the season usually starts on or about September 1st and ends on or about November 20th. However, services will be ordered as needed, and the equipment must be available at any time during the cotton harvest season.

C.4.1 CONTRACTOR NOTIFICATION OF WHEN SERVICES ARE REQUIRED:

The contractor will be notified by phone or in writing by the Area Director of the exact dates to begin the required services. This notification shall be given at least two (2) days in advance of the date of commencement of services. Pick-up service will be initiated upon the request of the Area Director in the Corpus Christi Classing Office when accumulated volume at listed points is estimated to have reached 25 sacks. This may require services on a less frequent basis than daily at the onset and end of the ginning season. Should the harvest be interrupted by an extended period of inclement weather, making daily pick up/delivery impractical, services may be rescheduled as approved by the Area Director after consultation with the COR. Termination or rescheduling of this service shall also occur when volume at pick-up points has, due to the advanced stage of harvest, decreased to approximately 25 sacks for each time hauling service is provided.

C.4.2 DAILY SERVICES AND PEAK SEASON SCHEDULE:

Upon notification from the Area Director that deliveries are required, the contractor shall transport sacks of cotton samples every other day, Monday through Friday. However, during the periods of heavy harvesting, service will be required Monday through Sunday and deliveries to the classing office will be required every other day. Heavy harvesting will generally take place during an eight-week period approximately from September 23rd to November 17th. Approximate dates shown may change due to variations of weather, crop conditions, or other factors outside the control of the parties to this contract.

C.5 CONTRACTOR'S LIABILITY:

Extreme care must be exercised in handling sacks of cotton samples. The sacks shall in no case be opened. The contractor shall be responsible for safeguarding all sacks of cotton samples while in his/her possession or care.

He/She shall use all reasonable care in the protection of the sacks, and shall be liable to the government for loss or damage to the contents of the sacks. The contractor shall assume full responsibility for all damages or injury to persons or property that may occur in connection with performance of the work. He/She shall take reasonable steps to prevent injury or damage to persons or property in the performance of this contract. He/She shall not commit or permit any act which will interfere with the performance of the duties of the government employees at the shipping or receiving points.

There shall be no use of alcoholic beverages, illegal drugs, or illegal substances by any persons performing pickup, hauling, or delivery of sacks of cotton samples under the terms of this contract.

Weapons shall not be carried on government property or during performance of the contract. Violation of these prohibitions shall result in termination of the contract.

C.6 EQUIPMENT:

The contractor shall, on request of the Area Director, furnish proof that equipment, vehicles and/or trucks, are reliable and of sufficient capacity in the opinion of the Area Director to fulfill terms of this agreement. If the contractor plans to rent vehicles and/or trucks to perform hauling services, the contractor shall provide the Area Director proof of an agreement that has been established for vehicles and/or trucks between the contractor and a rental company. The contractor shall furnish the Area Director proof of equipment and/or proof of a rental agreement by August 10th of each contracted year. Lack of such proof to the satisfaction of the Area Director will be sufficient grounds to disqualify contractor or terminate the contract at any time. Vehicles used by the contractor shall be enclosed to protect sacks from adverse weather conditions and from possible loss.

Contractor must furnish a contact address and telephone number available for notification of special situations or problems that may occur during workdays prescribed. The contractor must provide the driver(s) of the truck(s) with a cellular phone at all times while picking up sacks on the contract route.

C.7 LICENSES AND INSURANCE

The contractor shall be a commercially licensed and fully insured carrier (to cover replacement of the cargo -cotton samples and sacks) and comply with all applicable state and local ordinances. Prior to written confirmation of the contract award, the contractor shall furnish the Area Director a copy of the insurance certificate. This certificate must be received by the Area Director by August 10th of each contracted year.

Failure to provide the insurance certification within the specified time will result in cancellation of the contract.

Contractor shall also provide the Area Director a signed statement from the contractor's insurance company stating that the Area Director will be notified, in writing, by the insurance company of any changes in insurance during the life of this hauling contract within 5 business days of the change. This statement is also required by August 10th of each contracted year. Failure to comply with this requirement will result in cancellation of the contract.

C.8 INVOICES:

Itemized invoices prepared by the contractor for services rendered must be submitted after the 15th of each month for the period of 1st through the 15th. Another invoice for the period of 16th through the end of each month will be submitted after the last day of the month. The invoices will be sent to the Area Director for review to ensure the accuracy of the invoice prior to payment submittal. The Area Director will verify invoice within three working days of invoice receipt. Any discrepancies will be discussed with the contractor and resolved before invoices are submitted for payment. After the verification by the Area Director, the vendor shall enter the invoice for payment using IPP (Invoice Processing Platform). Each contractor must register with IPP at www.ipp.gov as a vendor prior to submitting invoices for payment.

C.9 PAYMENT TERMS:

Payment for services invoiced shall be made by the government within thirty (30) days of receipt of the invoice by the Area Director. The terms of the Prompt Payment Act are not applicable to invoices submitted under this contract.

C.10 IMPORTANT NOTICE:

The contractor will not accept any instructions issued by any person other than the CO or the Area Director acting within the limits of the delegated authority.

No information other than that which may be contained in an authorized amendment to this contract will be considered as grounds for deviation from any stipulation of this contract or referenced drawings and/or specifications. No modifications will be made to the agreed upon terms of the contract. Offerors should take unknown and uncontrollable variations of the business climate into consideration prior to submitting a proposal.

The number of sacks estimated is the best estimate based on current information for the 2018/2019 crop.

Between the time of the advertisement and commencement of services some pick up points may not operate due to crop reductions, yields, and growing conditions while additional ones may be added should favorable production elements exist.

C.11 POINTS OF CONTACT:

Contracting Officer:

Beverly S. Brown USDA, AMS, Cotton and Tobacco Program 100 Riverside Parkway Suite 101 Fredericksburg, Virginia 22406 Email: BeverlyS.Brown@ams.usda.gov Phone: 540-361-1126

Contracting Officer’s Representative/ Acting Area Director:

Ben Robles 3545 Twin River Blvd. Corpus Christi, TX. 78410 Ben.Robles@ams.usda.gov

(361) 241-4001

C.12 ENGINEERING CHANGES

After contract award, the Government may solicit engineering changes to the service requirements of the contract. These changes may be proposed to save money, to improve performance, to save time, or to satisfy increased service or delivery requirements. If the proposed changes are acceptable to both parties, the Contractor shall submit a price change proposal to the Government for evaluation and consideration for a contract modification.

C.13 ATTACHMENTS (SEE SECTION F)

The Department of Labor prevailing wage rates for Corpus Christi, Texas are attached and are hereby incorporated and made a part of this Request for Proposal.

Attached is a list of the pickup points on this route with the estimated (daily or annual) number of sacks for each point, a map showing each pick-up location and the best estimate of total sacks for the route though the total for the route may be more or less for the 2018/2019 season.

mailto:BeverlyS.Brown@ams.usda.gov mailto:Ben.Robles@ams.usda.gov

Clauses

D.1 Instructions to Offerors

1. Offerors must submit a signed and completed SF-1449 before the exact time specified in the request for proposal. The SF-1449 should include pricing for all line items Line 01 through 04. The Offeror should also include a statement stating that they have read and understand the Statement of Work and all clauses stated in the Contract Clauses section of the solicitation. Proposals may be submitted via e-mail or via fax machine. Email address is: BeverlyS.Brown@ams.usda.gov. FAX number is: 540- 361-1181. Please ensure that the fax or email was received by the office. To mail your proposal, the address is:

USDA, AMS, Cotton and Tobacco 100 Riverside Parkway Suite 101 Fredericksburg, VA 22406

2. Offerors must described their relevant experience in performing work on similar size and scope.

Offerors should include a description of the work/service provide, frequency (daily, weekly, etc.) of the work/service provided, etc.

3. Offerors must describe their approach to performing the work including the type of equipment to be used and do they meet the required insurance requirements.

4. Offerors must provide a list of three contracts/references for the same or similar services as stated in the Statement of Work. Please include the contract numbers, points of contact with telephone numbers, email address and other relevant information.

5. Offerors must be registered in the System for Award Management (www.sam.gov). SAM registration is free. Instructions for SAM registration are attached. Please not that a notarized letter is required.

NOTE: If all documentation is not received, your proposal may be deemed as non-responsive and will not be evaluate.

D.2 FAR 52.212-2 -- Evaluation -- Commercial Items. (Jan 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered.

The following factors shall be used to evaluate offers:

mailto:BeverlyS.Brown@ams.usda.gov http://www.sam.gov/

A. Relevant Experience B. Technical Approach C. Past Performance D. Price

Relevant Experience, Technical Approach and Past Performance are more important than price.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

D.3 FAR 52.212-3 Representations And Certifications—Commercial Items (Nov 2017)

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.

“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— https://www.sam.gov/portal http://uscode.house.gov/ http://uscode.house.gov/

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

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

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

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

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

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

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

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged

(as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

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

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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.

http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(2)&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101(16)&num=0&edition=prelim 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

“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.

(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— 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

(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.

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(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.

(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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(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 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 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…