127EAY23Q0002 Solicitation.pdf

(i) This is a combined synopsis/solicitation for commercial service prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.

(ii) The solicitation number 127EAY23Q0002 is issued as a request for quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-97.

(iv) This is a 100% Small Business Set-aside under NAICS code 221310 Water Supply and Irrigation Systems; the small business size standard is $27.5M; the Product/Service code is M1NE Operation of Water Supply and Irrigation Systems.

(v) Multiple service areas will be applicable (see statement of work).

(vi) The Government is seeking to establish a purchase order contract for Water Systems Operator on the Mendocino National Forest. This will be a four-year contract (base and three option years) See attached Schedule of Items.

(vii) Services provided on routine and scheduled basis. See statement of work and schedule of items.

(viii) The provision at 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition.

The Government intends to evaluate quotes and offer an award based on the quote submission; therefore, the quote should contain the best terms from a price and technical standpoint. The following are

SUBMISSION REQUIREMENTS:

1) Solicitation Number (127EAY23Q0002)

2) Offers due 19 December 2022 / 1300hrs Pacific Standard Time

3) Contractor name, address, and DUNS or UEI number

4) Pricing on the contract statement of work

5) Narrative Response to evaluation factors

6) Experience, Certifications and Past Performance Response Form (attached)

(ix) 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:

1) Pricing of Service to include pricing differences for certain service areas.

2) Pricing to include base year and three option years.

3) Relevant Past Performance: Past Performance is a measure of the degree to which an offeror has satisfied its customers, complied with contract terms and conditions in addition to applicable laws and regulations. The Government may contact individuals and firms that you have performed services for, to evaluate your experience and past performance record.

4) Certifications and Professional Experience: Provide any California certifications.

(x) Responses shall submit a completed copy of 52.212-3, Offeror Representations and Certifications -- Commercial Items, unless it has an active entity registration with the certifications through the System for Award Management (SAM) website. (www.sam.gov )

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.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm

(xi) The clause at FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS applies to this contract Addenda to this clause are as follows:

(xii) The clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (JAN 2018), applies to this acquisition with the following clauses checked 52.204-13 System for Award Management Maintence (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance (AUG 2020) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (JUN 2016)

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (JUN 2020).

52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

52.222-19, Child Labor - Cooperation with Authorities and Remedies (JAN 2018) (E.O. 13126) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).

52.222-35, Equal Opportunity for Veterans (OCT 2015) (38 U.S.C. 4212).

52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O.

13513).

52.232-33, Payment by Electronic Funds Transfer—System for Award Management (JUL 2013) (31 U.S.C 3332).

52.222-41 Service Contract Labor Standards. (AUG 2018)

52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts). (AUG 2018).

52.222-50 Combating Trafficking in Persons 52.222-55 Minimum Wages Under Executive Order 13658.

52.222-62 Paid Sick Leave Under Executive Order 13706.

52.228-5 Insurance-Work on a Government Installation. (JAN 1997) 52.237-1 Site Visit (APR 1984) 52.242-15 Stop-Work Order. (AUG 1989) 52.249-4 Termination for Convenience of the Government (Services) (APR 1984) 52.252-2 Clauses incorporated by Reference (Feb 1998).

http://www.sam.gov/ http://www.acquisition.gov/far/index.html http://www.va.gov/oamm/oa/ars/policyreg/vaar/index.cfm https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1153423 http://uscode.house.gov/ http://uscode.house.gov/ http://uscode.house.gov/

Provisions:

52.204-7, System for Award Management 52.204-16, Commercial and Government Entity Code Reporting 52.209-7, Information Regarding Responsibility Matters 52.209-12, Certification Regarding Tax Matters 52.222-56, Certification Regarding Trafficking in Persons Compliance Plan

(xiii) Use of Invoice Processing Platform (IPP) is Required

The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). All invoices shall be submitted via the electronic Invoice Processing Platform. This platform is managed by the U.S. Department of Treasury and additional information is available at this website:

https://www.ipp.gov/ index .htm.

(xv) Response Due Date and Contact Information:

Offers are due on 19 December 2022 no later than 1:00 pm. Pacific Daylight Time.

(xvi) Quotations must be emailed to Tod Gohl; tod.gohl@usda.gov by the date and time above. Enter the solicitation number in the subject line of emails.

Point of Contact:

Tod Gohl Purchasing Agent tod.gohl@usda.gov Phone: 530-685-0765 SouthWest Zone CSA #1 Willows, California 95988 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063838 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064275 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062621 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id186IE0DE0Y4 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1056889 http://www.ipp.gov/index.htm

PART I – SCHEDULE OF ITEMS

SECTION B – SERVICES AND PRICES

Westside Water Treatment Operator

Upper Lake/Covelo Ranger District Mendocino National Forest

Lake and Mendocino Counties

B.1 SCHEDULE OF ITEMS

ITEM

NO.

DESCRIPTION

PAY

UNIT

EST.

QTY.

UNIT

PRICE

TOTAL

PRICE

BASE YEAR SERVICES – JANUARY 1,

2023- DECEMBER 31, 2023

Covelo Ranger Station

Monthly

2 Eel River Station Monthly 12 $________ $________

3 Soda Creek Station Quarterly 4 $________ $________

4 Middle Creek Campground Monthly 12 $________ $________

TOTAL

OPTION YEAR 1 SERVICES – JANUARY 1,

2024- DECEMBER 31, 2024

TOTAL $________

OPTION YEAR 2 SERVICES – JANUARY 1,

2025- DECEMBER 31, 2025

OPTION YEAR 3 SERVICES – JANUARY 1,

2026- DECEMBER 31,2026

Mendocino National Forest-Westside Water Treatment Operator

Statement of Work

General Requirements The Contractor shall hold a current California Grade 2 certification for Water Treatment Operator and current California Grade 2 certification for Water Distribution Operator. The Contractor shall visit the water treatment facilities, as described below in ‘Additional Site Information’, to ensure the availability of a clean water supply, and to conduct the general administration of the water system to maintain effective operations. If any element of the facility or facilities is not operating correctly, the Contractor shall notify the Government of the required repairs. The Contractor is not responsible for known or unknown deficiencies of the water system(s) not caused by actions of the Contractor.

Sampling and Reporting Requirements

• The Contractor shall keep a per-visit, weekly or monthly log report. The log report(s) shall become the property of the Government and shall remain at the facilities; copies shall be presented to the State Water Resources Control Board (SWRCB) and/or Contracting Officers Representative (COR) when requested. At a minimum, the log report(s) shall contain the following information: date, time, and cause of any system pressure loss; corrective action taken in response to pressure loss; distribution system repairs; turbidity measurement; chlorine dose and residual; flow meter reading and pressure gauge readings.

• The Contractor shall keep a sampling schedule and take all required water samples throughout the contract period of performance; water sample results shall be emailed to the COR monthly.

• The Contractor shall coordinate with the SWRCB to resolve total coliform rule or groundwater rule violations, when applicable.

• Contractor shall complete Public Notifications and Consumer Confidence Reports, when applicable.

• The Contractor shall complete the SWRCB Electronic Annual Report (EAR) at the end of each reporting period and provide a copy of the report to the COR, when applicable.

• The Contractor shall be present for all site inspection(s) performed by the SWRCB and provide summary of discussion/findings to the COR within 24 hours.

• The Contractor shall assist the Government in responding to SWRCB compliance inspections, when applicable.

Pre-Quote Site Visit Quoters are urged and expected to inspect the site where services are to be performed and to satisfy themselves regarding all general and local conditions that may affect the cost of contract performance, to the extent that the information is reasonably obtainable. In no event shall failure to inspect the site constitute grounds for a claim after contract award. No Site Visit are scheduled, but Quoters may contact Forest Service offices to schedule a site visit. Because gates may be locked, Quoters are highly encouraged to contact Forest Service Offices before visiting the site(s).

For Covelo Ranger Station, call Terry Nickerson at (707) 275-1441.

For Eel River Station, call Fred Burrows at (707) 983-6400.

For Soda Creek Station, call Shannon Banks at (707) 275-1452.

For the Middle Creek Campground, call Frank Aebly at (707) 275-2361.

Performance Locations Covelo Ranger Station water system is located at 78150 Covelo Road, Covelo CA.

Eel River Station water system is located 10.7 miles east of the Covelo Ranger Station off Mendocino Pass Road/Forest Highway Fh7. From the Covelo Ranger Station, head north on Covelo Road and take a right at the 4-way stop onto Mendocino Pass Road/ Hwy 162. Stay left at the fork and continue along Mendocino Pass Road for about 8.7 miles. The Eel River Work Station is adjacent to the Eel River Campground. Approximate Latitude and Longitude coordinates are 39.826017, -123.083809.

The physical address is 34950 Mendocino Pass Road, Covelo, CA 95428.

Soda Creek Station water system is located 35 miles north of the Upper Lake Ranger Station on Elk Mountain Road. Approximate Latitude and Longitude coordinates are 39.425261, -122.977864.

Middle Creek Campground water system is located 7.7 miles north of the Upper Lake Ranger Station on Elk Mountain Road. Approximate Latitude and Longitude coordinates are 39.253368, -122.951874.

Additional Site Information Covelo Ranger Station water system is comprised of a vertical well for the source; service line from source to pressure tank; service line from pressure tank to the office, warehouse, residences, and fire hydrants. Bacteriological water sample is required monthly. Nitrate sample required annually, and nitrite sample required once every three years.

Eel River Station water system is comprised of a horizontal well and two springs for the source; source line from the horizontal well; two springs to a collection box; source line from the collection box to the steel water tank (400 feet above the station); source line from the steel tank to the chlorinator unit (inside the pump house); service line from the chlorinator to the 3,800 gallon polyethylene storage tank; service line from the polyethylene storage tank to the booster pump (inside the pump house); service line from the booster pump to the office, barracks, weight room, residence, shop warehouse and campground.

Water system has a pre-filter and a filter and is chlorinated via a chemical metering pump.

Bacteriological treated water sample is required monthly and raw water sample is required quarterly.

Nitrate sample required annually, and nitrite sample required once every three years.

Soda Creek Station water system is comprised of a vertical well, service line to 30,000 gallon steel storage tank (up on the hill); service line to 5,000 polyethylene gallon storage tank (next to pump house); service line from polyethylene storage tank to booster pump (inside the pump house); service line from booster pump to office and barracks. Water system has a pre-filter, intermediate filter and final filter and is chlorinated via two chemical metering pumps.

Bacteriological samples raw and treated, are required quarterly. Nitrate sample required annually, and nitrite sample required once every three years.

Middle Creek Campground water system is comprised of two springs for the source; source line from springs to the surge tank; source line from the surge tank to the chlorinator building; service line from the chlorinator building to the 10,000-gallon storage tank; service line from the storage tank to Middle Creek campground. It has a pre-filter and a final filter and the water is chlorinated via a chemical metering pump.

Currently the Middle Creek water system requires weekly sampling and monitoring due to a State Water Resource Control Board requirement; chlorine residual and turbidity are required weekly;

bacteriological samples, raw and treated, are required monthly.

Contractor-Furnished and Government-Furnished Components The Contractor shall supply and operate all necessary equipment, including but not limited to chlorine (approximately 1 gallon per month per site), test kits and testing agents, as required to satisfactorily perform the contract requirements. All expenses associated with the operation, maintenance, repair and transportation of the Contractor and Contractor’s equipment are the responsibility of the Contractor.

The Government will provide access keys as required and the cost of laboratory analysis.

Inspection The Government will inspect the Contractor’s reports on a random basis. Evidence of insufficient reporting or occasions of non-service are considered deficiencies and may result in deduction of an invoice, though correction of the error is the preferred outcome if possible.

Period of Performance Estimated start work date for Base Service period is the week of January 1, 2023. Base Services shall continue through December 31, 2023.

Services shall be provided weekly, or every two weeks as needed.

Option Years under this contract are as follows: [Jan 1, 2024, to Dec 31, 2024], [Jan 1, 2025 to Dec 31, 2025] and [Jan 1, 2026 to Dec 31, 2026].

Invoicing and Payment The Contract shall be awarded based on a firm fixed monthly price for services. Total time awarded and paid shall be based on the actual start date of services. The Contractor shall create and submit invoices for services less any deductions via the Invoice Processing Platform (IPP) at www.ipp.gov on a monthly or other basis as agreed between the Contractor and the Government. Contractor shall list the number of site visits on monthly invoices. Payment will be made by Electronic Funds Transfer (EFT) to the bank account the Contractor designated in its SAM Entity. A SAM Entity of any status other than ‘Active’ will prevent payment.

Pre-Work Conference A Pre-Work Conference, if required, will be scheduled at a time and location agreeable to the Contractor and the Government.

http://www.ipp.gov/

2 - Section 2 4 - Section 4

2 - Section 2

52.204-7 System for Award Management. (OCT 2018)

52.204-13 System for Award Management Maintenance. (OCT 2018)

52.204-16 Commercial and Government Entity Code Reporting. (AUG 2020)

52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (NOV 2021)

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021)

52.209-7 Information Regarding Responsibility Matters. (OCT 2018)

(a) Definitions. As used in this provision-

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means-

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in-

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

52.209-12 Certification Regarding Tax Matters. (OCT 2020)

52.212-1 Instructions to Offerors - Commercial Products and Commercial Services. (NOV 2021)

52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services. (OCT 2022)

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

(a) Definitions. As used in this provision-

Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service-

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000- 9999, except-

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

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

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

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-(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

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

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

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

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

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

Subsidiary means an entity in which more than 50 percent of the entity is owned-

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

Veteran-owned small business concern means a small business concern-

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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 Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on

SAM.]

(c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii). Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that-

(i) It ___ is, ___ is not a small business concern; or

(ii) It ___ is, ___ is not a small business joint venture that complies with the requirements of 13 CFR 121.103(h) and 13 CFR 125.8(a) and (b). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________.]

(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-

(i) It ___ is, ___ is not a service-disabled veteran-owned small business concern;

or

(ii) It ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR 125.18(b)(1) and (2). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________.] Each service-disabled veteran-owned small business concern participating in the joint venture shall provide representation of its service-disabled veteran-owned small business concern status.

(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 joint venture eligible under the WOSB Program. The offeror represents that it ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _______________.]

(7) Economically disadvantaged women-owned small business (EDWOSB) joint venture.

The offeror represents that it ___ is, ___ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _____________.]

(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, as having been certified by SBA as a HUBZone small business concern in the Dynamic Small Business Search and SAM, and will attempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It ___ is, ___ is not a HUBZone joint venture that complies with the requirements of 13 CFR 126.616(a) through (c). [The offeror shall enter the name and unique entity identifier of each party to the joint venture: _________.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.

(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)(i) The Offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.

For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

(iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

(iv) The terms "commercially available off-the-shelf (COTS) item," "critical 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 Exceeds 55% domestic content (yes/no)

[List as necessary]

(3) Domestic end products containing a critical component:

Line Item No. ____________

(4) 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)(A) The Offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domestic end product and that each domestic end product listed in paragraph (g)(1)(iv) of this provision contains a critical component.

(B) The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "critical 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."

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.

For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items. If the percentage of the domestic content is unknown, select "no".

Other Foreign End Products:

Line item No. Country of origin Exceeds 55% domestic content (yes/no)

(iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).

Line Item No. ____________

[List as necessary]

(v) 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]

(g)(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III.

If Alternate III 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 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 the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).)

(1) Listed end products.

Listed end product Listed countries of origin

[List as necessary]

(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…