FormSF1449_FULL_AND_OPEN.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT 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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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.

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

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

NWWT9922-19-00045

1333MH19QNWWT0008

TERRI MURPHY

TERRI.MURPHY@NOAA.GOV 916-979-3056 X 321

3:00 PM PT

WT991531

CALIFORNIA-NEVADA RFC

3310 EL CAMINO AVE., ROOM 227

(SACRAMENTO) CA /

SACRAMENTO CA 95821-6308 561730

7.5M

WT992231

SEATTLE WFO WASHINGTON

7600 SAND POINT WAY NE

SEATTLE WA 98115-6349

see continuation page for line item details.

See Schedule

APR 19, 2019

Please

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1333MH19QNWWT0008

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

SUBMIT QUOTES TO TERRI.MURPHY@NOAA.GOV

Attach a Capabilities Statement, to include 3 relevant references with contact information, and description of use of biobased products and recovered materials.

It is the offeror's responsibility to request confirmation of quote receipt. The Government does not accept responsibility for non-receipt of quotes.

The offeror must be registered and active status in the System for Award Management (sam.gov) to be eligible for award.

DUNS: ___________________________

WAGES

The following U.S. Department of Labor wage rates are applicable and can be found on www.wdol.gov

Wage Determination No.: 2015-5545 Revision No.: 9 Date of Revision: 12/26/2018

0001 BASE PERIOD

GROUNDS MAINTENANCE PERFORMED AT

THE NATIONAL WEATHER SERVICE RADAR

SITE LOCATED IN CAMANO ISLAND, WA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

SERVICE DATES ARE MAY 1, 2019 THROUGH

SEPTEMBER 30, 2019. NO WORK IS PERFORMED

OCTOBER THROUGH FEBRUARY.

Period of Performance: 04/01/2019 to 02/29/2020

5.00 MO

OPT

1001 OPTION PERIOD 1

GROUNDS MAINTENANCE PERFORMED AT

THE NATIONAL WEATHER SERVICE RADAR

SITE LOCATED IN CAMANO ISLAND, WA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

SERVICE DATES ARE MARCH 1, 2020 THROUGH

SEPTEMBER 30, 2020. NO WORK IS PERFORMED

OCTOBER THROUGH FEBRUARY.

Period of Performance: 03/01/2020 to 02/28/2021

7.00 MO

OPT

2001 OPTION PERIOD 2

GROUNDS MAINTENANCE PERFORMED AT

THE NATIONAL WEATHER SERVICE RADAR

SITE LOCATED IN CAMANO ISLAND, WA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

SERVICE DATES ARE MARCH 1, 2021 THROUGH

SEPTEMBER 30, 2021. NO WORK IS PERFORMED

OCTOBER THROUGH FEBRUARY.

Period of Performance: 03/01/2021 to 02/28/2022

7.00 MO

OPT

PAGE 3 OF 50 1333MH19QNWWT0008

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 OPTION PERIOD 3

GROUNDS MAINTENANCE PERFORMED AT

THE NATIONAL WEATHER SERVICE RADAR

SITE LOCATED IN CAMANO ISLAND, WA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

SERVICE DATES ARE MARCH 1, 2022 THROUGH

SEPTEMBER 30, 2022. NO WORK IS PERFORMED

OCTOBER THROUGH FEBRUARY.

Period of Performance: 03/01/2022 to 02/28/2023

7.00 MO

OPT

4001 OPTION PERIOD 4

GROUNDS MAINTENANCE PERFORMED AT

THE NATIONAL WEATHER SERVICE RADAR

SITE LOCATED IN CAMANO ISLAND, WA, IN

ACCORDANCE WITH THE ATTACHED STATEMENT

OF WORK.

SERVICE DATES ARE MARCH 1, 2023 THROUGH

SEPTEMBER 30, 2023. NO WORK IS PERFORMED

OCTOBER THROUGH FEBRUARY.

Period of Performance: 03/01/2023 to 02/29/2024

7.00 MO

PAGE 4 OF 50 1333MH19QNWWT0008

Table of Contents

STATEMENT OF WORK

PROVISIONS

CLAUSES

WAGE DETERMINATION

PAGE 5 OF 50 1333MH19QNWWT0008

CLAUSES

STATEMENT OF WORK

PAGE 6 OF 50 1333MH19QNWWT0008

STATEMENT OF WORK

Grounds Maintenance at Camano Island

1. The Contractor shall be responsible for satisfactorily performing landscape maintenance services as specified herein at the following location:

National Weather Service 220 Chase Way Camano Island, WA 98282

2. Legal Requirements and Permits

The Contractor must procure and maintain at his/her expense, all necessary permits and licenses to perform the required work, and hereby agrees to comply with all applicable Municipal, State and Federal regulations. This includes Title 7, Chapter 6, Section 136 of the United States Code, “Insecticides and Environmental Pesticide Control.”

The Contractor shall check with the State of Washington, and Island County for possible local license or permit requirements.

All personnel handling chemicals (i.e. fertilizer, pesticides, herbicides, etc.) will be appropriately licensed.

Biobased Products

The Contractor shall utilize products and material made from biobased materials to the maximum extent possible without jeopardizing the intended end use or detracting from the overall quality delivered to the end user. All supplies and materials shall be of a type and quality that conform to applicable Federal specifications and standards.

Biobased products that are designated for preferred procurement under USDA’s BioPreferred program must meet the required minimum biobased content as stated in the USDA Final Rule available at www.biopreferred.gov.

The following is an example list of products that may be used in this contract for grounds maintenance for which biobased products are available. The list is not all inclusive. It is desirable that vendors be able to supply the greatest number of biobased products listed meeting the health and environmental specifications.

Fertilizers Dust suppressants 2-cycle engine oil Penetrating lubricants Hydraulic fluids Greases Concrete and asphalt release fluids Absorbents Wood and concrete sealers Diesel fuel additives

In addition to the biobased products designated in the BioPreferred Program, the Contractor is encouraged to use other commercially available biobased products when feasible.

PAGE 7 OF 50 1333MH19QNWWT0008

3. Supervisor and Labor

The Contractor shall promptly remove from the work site any supervisor or employee whose work or conduct is not satisfactory. The Contractor’s supervisor shall be in charge of the work on behalf of the Contractor. The Contractor shall enforce strict discipline and good order among the Contractor’s employees. The Contractor shall exercise the necessary supervision and control to prevent Contractor’s employees from violating any rules and regulations.

4. Security Background Investigation

The Contractor is required to designate at least one, but no more than three, contractor personnel to work at the site. All personnel working at the site are required to provide documentation for and pass a Tier 1 Security Investigation. Personnel that do not receive a favorable result will not be permitted to continue work on the site. Documentation requirements and procedures will be provided by the ASA upon award of the contract.

5. Conduct of Work

The Contractor must ensure employees are physically able to accomplish the work specified herein.

All such employees working on Government premises are subject to all applicable Federal rules and regulations with regard to entering and leaving the building(s).

The Contractor must take precautions necessary for the protection against injury of all persons engaged at the site. Applicable Department of Labor and Occupational Safety and Health Standards will be taken into consideration in the performance of this contract. The Contractor will take all reasonable precautions to prevent the escape of fire and to suppress the same.

Services under this contract must be performed in such a way that there will be minimal interruption to, or interference with, the normal operation of Government business on the premises.

The Contractor should bring any noted defect, disease or insect infestation of the grounds to the attention of the MIC or designate.

6. Period of Performance, Schedule, and Additional Requirements

The base period of performance (when work is performed) begins April 1, 2019 and ends September 30, 2019 (6 months). The contract period ends February 29, 2020. No work is performed October through February.

There are four option periods, each with a 7-month period of performance, as follows:

Option 1: Period of Performance begins March 1, 2020 and ends September 30, 2020. The contract period ends February 28, 2021. No work is performed October through February.

Option 2: Period of Performance begins March 1, 2021 and ends September 30, 2021. The contract period ends February 28, 2022. No work is performed October through February.

PAGE 8 OF 50 1333MH19QNWWT0008

Option 3: Period of Performance begins March 1, 2022 and ends September 30, 2022. The contract period ends February 28, 2023. No work is performed October through February.

Option 4: Period of Performance begins March 1, 2023 and ends September 30, 2023. The contract period ends February 29, 2024. No work is performed October through February.

Observance of Legal Holidays and Site Closure Information

The Contractor shall observe any federal holidays set forth in the referenced Department of Labor Wage Determinations, if the holiday falls within the service period of this contract.

When any holiday falls on a Saturday, the preceding Friday is observed; when any holiday falls on a Sunday, the following Monday is observed. All personnel assigned to this contract shall limit their observation of holidays to those set forth above.

In each instance, the Contractor agrees to continue to provide sufficient personnel to perform requirements of any critical tasks already in operation or scheduled, and shall be guided by the instructions issued by the Contracting Officer or the MIC. In the event of a site dismissal or closure due to weather, emergency or other circumstances, the Contractor is instructed to contact the MIC or Alternate MIC for guidance.

Schedule and Frequency

The frequency of service is indicated in the Description of Services in section 7 below.

A Schedule or Work Plan that identifies when services are to be performed shall be submitted to the MIC or other designated government official within seven days of the purchase order award date (see attached sample Monthly form). Contractor shall also submit (using the attached sample form) a Service Report at the end of each visit, completed and signed by a responsible Contractor representative.

6. Deliverables

Deliverable Objective Due Deliver To

SDS

List any hazardous material that will be used in performance of this contract. Ref.

FAR 52.223-3 and

FED-STD-313E

Within 7 days of awarded contract, and as needed to document revisions after contract award

Contracting Officer

State, County, and/or City licenses and permits

Certify compliance with local laws and regulations

Within 7 days of awarded contract, and within 7 days of awarded option period, if exercised

Contracting Officer

Tier 1 Security To protect government Within 3 days of start of MIC or ASA

PAGE 9 OF 50 1333MH19QNWWT0008

Investigation Documents facilities and occupants from harm.

Ref. CAR 1352.237-work

Evidence of Sexual Assault and Sexual Harassment training completion

To maintain a work environment free from sexual assault and sexual harassment.

Ref. NAM 1330- 52.222-70

Within 40 business days of contract award, and within 10 days of awarded option period, if exercised

Contracting Officer

Schedule or Work Plan (see attached sample Monthly form)

Identify when services are to be performed throughout the period of performance

Within 7 days of purchase order award, and within 7 days of awarded option period, if exercised

Meteorologist in Charge or other designated employee

Service Report (use attached Service Report form)

Identify which services were performed, and any problems found during the service visit

At the end of each service

Meteorologist in Charge or other designated employee

Biobased Report (copy)

Report purchases of Biobased products in System for Award Management (SAM).

Ref. FAR 52.223-2

By Oct. 30 for prior fiscal year (Oct. 1 – Sep. 30) ending the performance period of the contract base period, and for each option period, if exercised

Contracting Officer

8. Description of Services

The Contractor will be responsible for satisfactorily managing and performing exterior landscape maintenance services at the National Weather Service remote radar facility located at 220 Chase Way, Camano Island, WA 98282, for approximately 10,000 total square feet. The Contractor is responsible for verifying the area to be maintained.

Exterior grounds consist of lawns, native grass areas, gravel, and parking lot. The Contractor must provide all labor, tools, equipment, supervision, herbicides, transportation, and any other products or services necessary, to maintain the landscaping and grounds in such a manner as to present a neat and well maintained appearance.

This is a remote site and is not normally staffed. The contractor personnel will need a key to access the grounds to perform the required work; the key will be provided by the NWS upon contract award. The key must be returned to the NWS upon completion of the contract.

PAGE 10 OF 50 1333MH19QNWWT0008

MAINTAIN IMPROVED/SEMI-IMPROVED GROUNDS

a. Mow Native Grass Areas. The Contractor shall reasonably maintain the grass at a consistent height of between 2 and 4 inches long. Grass clippings must be removed and disposed of off-site after mowing. All native grassed areas must appear well-manicured at all times.

b. Grass Trimming. The Contractor shall trim the grass around trees, shrubs, buildings, fences, poles, posts, and other fixed obstacles concurrently with mowing. Damage to trees, shrubs and other plantings shall be repaired / replaced by the contractor.

c. Remove Debris. The Contractor shall remove and dispose of all natural debris (tree limbs, dry brush, loose bark, litter) from the premises, including parking lots/areas, walkways, and gutters, concurrently with mowing.

9. NWS Points of Contact

Meteorologist in Charge (MIC) – 206-526-6095 x222

Administrative Assistant (ASA) – 206-526-6095 x221

10. Invoicing

Billing will be on a monthly basis, after the services for the month have been performed (“in arrears”). As evidence of work performed, the Contractor will complete a service report and the Government representative will affirm the work was performed and sign the service report.

Invoices shall be submitted in accordance with FAR 52.212-4(g) Invoice. The invoices shall be sent to:

National Weather Service Attention: ASA 7600 Sand Point Way NE Seattle, WA 98115

PAGE 11 OF 50 1333MH19QNWWT0008

( S A M P L E S C H E D U L E ) [Contractor Name]

Grounds Maintenance NWS Camano Island, WA

[Month]

1 2 3 4 5

6 7 8 9 Mow/Debris Cleanup

10 11 12

13 14

15 16 17 18 19

20 21

22 23 Mow/Debris Cleanup

24 25 26

27 28

29 30 31

PAGE 12 OF 50 1333MH19QNWWT0008

SERVICE REPORT

DATE: _________________________________________________________________________

WEATHER CONDITIONS: _______________________________________________________

ROUTINE LANDSCAPE WORK PERFORMED:

PROBLEMS NOTED (Insect Infestation; Plant Disease; etc): ___________________________

COMMENTS & REMARKS: _______________________________________________________

I CERTIFY THAT THIS REPORT IS ACCURATE AND WORK PERFORMED WAS

COMPLETED IN ACCORDANCE WITH THE CONTRACT SPECIFICATONS AND THE

SUBMITTED SCHEDULE.

Printed Name and Signature of Authorized Contractor Representative Date

Printed Name and Signature of Authorized Government Representative Date

PROVISIONS

PAGE 13 OF 50 1333MH19QNWWT0008

FAR 52.212-1, Instructions to Offerors -- Commercial Items (Oct 2018) applies to this acquisition.

This is a Best Value Acquisition.

NOTICE TO OFFERORS: Instructions for submitting quotations under this request for quote must be followed.

Failure to provide all information to aid in the evaluation may be considered non-responsive. Offers that are non-responsive may be excluded from further evaluation and rejected without further notification to the offeror.

1. Quotes shall be fully executed and returned on the Standard Form (SF) 1449 and any acknowledgements of solicitation amendments on the SF 30.

2. Submit quotations to the office specified in this solicitation at or before the time specified in the solicitation.

Email quotes are acceptable and can be sent to Terri Murphy at terri.murphy@noaa.gov.

3. At a minimum the contractor shall provide the following information:

a) Point of contact name, telephone and E-mail address.

b) DUNS Number

4. Provide all evaluation criteria in accordance with 52.212-2 in this package.

PRE-BID SITE VISIT

All vendors are strongly encouraged to attend the Site Visit.

The Government will conduct a Site Visit upon request call for information.

Location:

National Weather Service 220 Chase Way

Camano Island, WA 98282

To request a site visit, contact Administrative Support Assistant (ASA), Phone: 206-526-6095 x 221, at least 24 hours before to schedule a site visit. Final date of site visits will be March 15, 2019 by 4:00 pm.

Vendors 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.

THE GOVERNMENT DOES NOT ACCEPT RESPONSIBILITY FOR NON-RECEIPT OF QUOTES. IT

IS THE CONTRACTOR'S RESPONSIBILITY TO REQUEST AND RECEIVE A CONFIRMATION OF

THE QUOTE RECEIPT.

52.212-2 Evaluation. Commercial Items. (OCT 2014), applies to this acquisition. Offers will be evaluated based on price and the factors set forth in paragraph (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.

All factors have the same value.

Paragraph (a) is hereby completed as follows: Evaluation will be based on

a. Technical Capability It is the contractor's responsibility to provide, with the quote, all necessary documentation and/or information for the government to make a determination.

b. Price.

The Government intends to award a best value, firm fixed-price purchase order on all or none basis with payment of Net 30.

(End of provision)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS

(Aug 2018)

PAGE 14 OF 50 1333MH19QNWWT0008

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—

(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;

PAGE 15 OF 50 1333MH19QNWWT0008

(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.

PAGE 16 OF 50 1333MH19QNWWT0008

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women;

or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

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

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

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

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

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

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

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

(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—

PAGE 17 OF 50 1333MH19QNWWT0008

(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.

PAGE 18 OF 50 1333MH19QNWWT0008

(2) Affirmative Action Compliance. The offeror represents that—

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American—Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American—Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)(1) Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at

FAR 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act, is included in this solicitation.)

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

PAGE 19 OF 50 1333MH19QNWWT0008

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

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

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

PAGE 20 OF 50 1333MH19QNWWT0008

(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]

PAGE 21 OF 50 1333MH19QNWWT0008

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

For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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

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

Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

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

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

PAGE 22 OF 50 1333MH19QNWWT0008

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

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]

□ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

□ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) □ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United…