140L6423Q0018_0002_Resoliciation_Package_0002.pdf

Bureau of Land Management

Combined Synopsis Solicitation

Pursuant to Federal Acquisition Regulation (FAR) 12.603(a) and 13.106, the Contracting Officer is issuing a combined synopsis/solicitation for the acquisition of services to provide scheduled trash collection, removal, transportation, and various container sizes for multiple locations at Parker Strip, managed by the Bureau of Land Management (BLM).

(i) This is a combined synopsis/solicitation for the acquisition of commercial services prepared in accordance with the format in FAR Subpart 12.6 and 13.1, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotes are being requested and a written solicitation will not be issued.

(ii) Solicitation Number 140L6423Q0018 is being issued as a Request for Quote (RFQ). This solicitation will utilize the policies contained in FAR Part 12 in conjunction with the policies and procedures for solicitation evaluation and award prescribed in FAR Part 13, Simplified Acquisition Procedures, as appropriate for this acquisition.

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 effective March 16, 2023.

(iv) This solicitation is being issued as a 100% Total Small Business Set-Aside. The North American Industry Classification System (NAICS) code associated with this solicitation is 115310 titled Fuels Management Services with a size standard of $34.0 million. This project is being re-solicited utilizing full and open competition, with no set-aside for small business.

(v) See the attached Statement of Work (SOW) for detailed requirements (Attachment 1). The Value Bid Schedule to be completed and returned with your quote and is provided as a separate document see (Attachment 4). Coconino County Wage Determination 2015-5465 Revision 21 is hereby incorporated into this combined synopsis/solicitation (Attachment 3).

(vi) The services to be acquired through this combined synopsis/solicitation are scheduled trash collection, removal, transportation, and various container sizes for multiple locations at Parker Strip. Reference Attachment 1 – Statement of Work for a full description of required services.

(vii) Performance location and performance period are detailed in the attached SOW (Attachment 1).

(viii) FAR Provision 52.212-1, Instructions to Offerors – Commercial, applies to this acquisition.

Potential offerors shall read and comply with all terms and conditions. See Attachment 5 – Addendum FAR 52.212-1 - Instructions to Offerors.

(ix) FAR 52.212-2, Evaluation – Commercial Items, applies to this acquisition, see Attachment 5 for detailed evaluation criteria. The basis of award will be Lowest Price Technically Acceptable (LPTA), and will consider the following evaluation factors:

a. Factor 1 – Technical Approach

b. Factor 2 – Total Price

A Firm Fixed Price Contract will be awarded to the Offeror whose quote conforms to the solicitation requirements and represents the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non-cost factor of Technical Approach.

Additionally, the Offeror must be deemed a responsible prospective contractor IAW FAR 9.1.

(x) Offerors shall ensure that their Representations and Certifications are up to date in the System for Award Management (SAM) which can be accessed through https://www.sam.gov.

Offerors shall ensure that this acquisition NAICS Code of 561720 is listed in FAR 52.212-3, Offeror

Representations and Certifications – Commercial Items. Offerors that do not have access to SAM shall print the full FAR Provision 52.212-3 and complete the required entries and include with their quote.

(xi) FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items applies to this acquisition. See this clause for additional FAR Clauses marked with “X” showing they are applicable to this acquisition (Attachment 4).

(xii) FAR Clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders – Commercial Items, applies to this acquisition. See Attachment 5, Instructions to Offerors for additional information.

(xiii) Additional FAR clauses and provisions that apply to this acquisition are provided in Attachment 2. All FAR clauses will be incorporated into the successful offerors’ contract award. The provisions are incorporated into this solicitation but will not be incorporated into the successful offerors’ contract award.

(xiv) The Defense Priorities and Allocations System (DPAS) does not apply to this acquisition.

(xv) Questions are due no later than July 7, 2023, by 12:00pm (MD) to Rachel Henriques, Contract Specialist, by email: rhenriques@blm.gov, and Shawn Rogers-Bailey Contracting Officer by email:

srogersbailey@blm.gov.

(xvi) Quotes are due no later than July 14, 2023, by 12:00pm (MD) to Rachel Henriques, Contract Specialist, by email: rhenriques@blm.gov, and Shawn Rogers-Bailey Contracting Officer by email:

srogersbailey@blm.gov.

The following individuals are points of contact for this combined synopsis/solicitation.

Contracting Officer Contracting Specialist Shawna Rogers-Bailey Rachel Henriques Bureau of Land Management Bureau of Land Management Arizona State Office Arizona State Office Email: srogersbailey@blm.gov Email: rhenriques@blm.gov

The following sections and attachments are hereby incorporated into this combined synopsis/solicitation and are provided as attachments:

Attachments:

Attachment No. Description Number of Pages 1 Statement of Work 6 2 Clauses and Provisions 26 3 Wage Determination 11 4 Value Bid Schedule 2 5 Instructions to Offerors 2

U.S. Department of the Interior Bureau of Land Management

PARKER STRIP TRASH COLLECTION

2023 - 2028

BLM LAKE HAVASU FIELD OFFICE

LAKE HAVASU CITY, ARIZONA

MOHAVE COUNTY

Lake Havasu Field Office 1785 Kiowa Ave

Lake Havasu City, AZ 86403

Date: April 19, 2023

TRASH COLLECTION 2022 - 2027

STATEMENT OF WORK

GENERAL: The Bureau of Land Management is seeking quotes from qualified vendors to provide scheduled site trash collection, removal, transportation and various container sizes for multiple locations at Parker Strip. See locations below.

LOCATION GPS NUMBER SIZE

Bullfrog Day Use N34º 14’ 13.71” W114º 11’ 04.65” 1 6 YD Crossroads N34º 12’ 47.03” W114º 13’ 02.76” 1 6 YD Camp Proctor N34º 16’ 45.67” W114º 08’ 20.25” 1 6 YD Camp Proctor N34º 16’ 45.67” W114º 08’ 20.25” 1 40 YD as needed Rock House N34º 13’ 11.35” W114º 12’ 31.85” 1 3 YD Partner’s Point N34º 26’ 33.44” W114º 18’ 55.66” 1 40 YD or 20 YD as needed Take-Off Point N34º 18’ 02.09” W114º 08’ 11.76” 1 40 YD or 20 YD as needed

The 40YD and 20YD roll-off dumpster pick-ups shall be on a “On-Call” basis (approximately 14 times annually). All the other dumpsters shall be on a set pick-up schedule.

Scheduled service pick-ups, container size and location may vary due to increased or decreased use by the public. No additional charges for services shall be made by the vendor without written approval and authorization by the Contracting Officer for the additional charges. Changes in service locations, pick-up times or container sizes shall be made by the Contracting Officer.

BACKGROUND: The purpose of this contract is to provide a safe, clean and properly operational process for the storage and removal of garbage from the Parker Strip sites. Protect the natural resources and prevent any possible safety and health problems from occurring.

SCOPE OF WORK: The Contractor would provide the necessary management, supervision, labor and equipment required to perform the garbage collection service at the Parker Strip sites. The service would include a garbage truck to raise and dump the trash from each dumpster into the garbage truck without spilling any of the trash on to the ground. If trash is dumped on the ground during the process of collection, the contractor would pick up the trash and dispose of properly.

If during the time of the contract and the normal operation of collections, the lid becomes inoperable or breaks and falls off, the Contractor shall replace the dumpster at the notification by the Contracting Officer’s Representative (COR) or the Bureau of Land Management, Lake Havasu Field Office.

The garbage collection work specified under Deliverables below is the minimum acceptable standard. The Contractor or Contractor employee is required to inspect the dumpsters during each day of collection to ensure safe and operable dumpsters.

PERIOD OF PERFORMANCE: The Period of Performance (PoP) is anticipated as a Base + Four (4) Option Years.

PERIOD OF PERFORMANCE

Base Year 09/01/2023 - 08/31/2024

Option Year 1 09/01/2024 - 08/31/2025 Option Year 2 09/01/2025 - 08/31/2026 Option Year 3 09/01/2026 - 08/31/2027 Option Year 4 09/01/2027 - 08/31/2028

Option Year Awards: Subject to availability of funds and Contractor’s performance.

BASIS FOR CONTRACT AWARD: The basis for the award will be Lowest Price Technically Acceptable (LPTA), and will consider the following evaluation factors:

a. Factor 1 – Technical Approach

b. Factor 2 – Total Price

A Firm Fixed Price Contract will be awarded to the Offeror whose quote conforms to the solicitation requirements and represents the lowest evaluated price of proposals meeting or exceeding the acceptability standards for the non-cost factor of Technical Approach. Additionally, the Offeror must be deemed a responsible prospective contractor IAW FAR 9.1.

SITE VISIT INFORMATION: Site visit information can be arranged by contacting Rachel Henriques at rhenriques@blm.gov, and Lisa Hariper at lhariper@blm.gov.

SECURED SITES:

There are three sites where access to the trash bins is secured behind lockable gates: Partners Point, Take-off Point and Camp Proctor. The Partners Point gate is locked on Friday’s and access is restricted, so pick-up times will be scheduled through “On-Calls” for days other than Fridays when the facility is open.

Take-off Point bin is secured behind a locked gate and can be scheduled for pick-ups any time M-F through an “On-Call” from a BLM authorized agent. For Take-off Point, the vendor shall use the key to open the rolling gate and remove the full dumpster and deliver an empty one. The vendor shall be responsible to ensure the gate is locked when done with the pick-ups. Camp Proctor trash bin is also located behind a locked gate. This smaller bin pick-up will not subject to the “On-Call” stipulation.

For any of these secured sites and other sites, trash pick-ups outside scheduled pick-ups may be made by authorized BLM agents of this contract by notifying the vendor of “On-call” pick-ups with the location and date at least two days prior to the pick-up date. For access to these secured sites, the vendor will be given a key to access the locks on Take-off and Camp Proctor gates (Ref. above Government furnished property).

GOVERNMENT FURNISHED PROPERTY:

One government access key to each of the three (3) secured sites: Partners Point, Take-Off Point and Camp Proctor. The vendor shall sign for and maintain control of each key and return all keys when the contract performance period is done, or the vendor is no longer contracted with the government. In the event of loss of any of the keys, the vendor will be charged a replacement fee to be determined by the Contracting Officer.

DELIVERABLES: The Contractor would provide all necessary management, supervision, labor and equipment required to perform the garbage collection services at the Parker Strip sites.

GARBAGE COLLECTION PICK-UP SCHEDULES:

LOCATION SCHEDULE

Bullfrog Once every other week on Fridays, May 1st through November 30th Once per week on Fridays, December 1st through April 30th

Crossroads Once every other week on Fridays, May 1st through November 30th Once per week on Fridays, December 1st through April 30th

Camp Proctor Once every other week on Fridays; On-Call pick-ups*

Rock House Once every other week on Fridays

Partner’s Point On-Call pick-ups*

Take-Off Point On-Call pick-ups*

*Approximately 14 time annually. Will-Call pick-ups for 40YD and 20YD roll-off dumpsters in more frequently used areas during high usage months.

Partner’s Point and Take-off Point pick-ups shall be made through “On-Call” notification to the vendor by BLM authorized agent when the bins are ready for pick-up. The Partner’s Point’s gate is locked on Fridays and access is restricted, so pick-up times will be scheduled through “On-Calls” for days other than Fridays when the facility is open.

The Contractor or Contractor employee is responsible for all trash transported on State and County roads from the each of the Parker Strip sites, and the transportation and disposal of waste in accordance with Federal, State and Local laws.

RESTRICTIONS:

Only authorized BLM listed personnel can make direct requests for on-call services for pick-up times outside the normal requested services

All weight and dump charges shall be documented with proper weight and dump tickets Any performance of services outside the scope of the work or in excess of contracted amounts shall be at the contractor’s risk All services shall be in accordance with applicable local, state and federal regulations

PAYMENT TERMS: Payment requests must be submitted electronically through the U.S. Department of the Treasury’s Invoice Processing Platform System (IPP) in accordance with (IAW) Electronic Invoicing and Payment Requirements – Invoice Processing Platform (IPP) (April 2013).

MISCELLANEOUS:

Conduct: The Contracting Officer may direct the Contractor to remove any employee from the site who is not performing the various services in the best interest of the Government.

Continuity of Services: Continuity of the services provided by this Statement of Work must be maintained without interruption.

Lines of Communication: Lines of communication would be open between Contractor and the Contracting Officer’s Representative (COR) and Project Inspector for questions or clarifications regarding these services. Requests for services outside the scope of this contract would be referred to the CO.

Contractual Issues: Contractual issues may arise during this contract period. The CO would be initial point of contact in resolving such issues.

Removal of Government Furnished Materials or Supplies: No Government furnished materials, supplies, equipment, or property would be removed from Government facilities or property.

Alterations to Government Property: The Contractor employee will not alter the physical structure of any Government owned property.

QUALITY ASSURANCE PLAN: The quality assurance plan is intended to measure the quality of goods and services purchased from the Contractor. To accomplish quality assurance the Government may utilize surveillance measures to ensure that the Contractor’s Performance is acceptable. The criteria for determining task performance are timeliness, work omissions, and any re-work needed.

Methods of Surveillance:

100% inspection: Weekly or daily observation and recorded reports indicating satisfactory or unsatisfactory performance of tasks may be used.

Planned Sampling: The Government may utilize scheduled evaluations resulting in an assessment of the Contractor’s performance.

Validated Complaints: Validated complaints may be recorded to indicate any deficient work.

Complaints must be verified by authorized BLM Personnel.

General Criteria for Tasks:

Work Omissions:

1. A major omission is a work requirement that if omitted or performed unsatisfactory would have a significant impact on the overall work requirement.

2. A minor work omission does not have a significant effect on the work requirement and may not result in an unsatisfactory rating unless it is recurring.

Timeliness: Daily, weekly, bi-weekly, monthly, or one time tasks shall be completed in accordance with the delivery schedule or delivery date. Any failure to complete the tasks shall result in a non-satisfactory rating.

Re-work needed: The Contractor is allowed a reasonable time to perform any work that is identified as unsatisfactory or has not been performed. The Government reserves the right to allow another vendor to complete work identified as incomplete, and may charge for costs incurred to complete the work by another contractor.

Quality Assurance Evaluation: Scheduled and unscheduled surveillance reports may be utilized to record any observable, recordable defects of the Contractor’s performance. The resolution of any latent defects shall be in accordance with FAR Clause 52.246-04, Inspection of Services, Fixed Price.

Level of Surveillance: The level of surveillance shall be determined by the Contracting Officer’s Representative or project inspector.

GREENING/RECYCLING/WASTE PREVENTION EFFORTS: In accordance with federal efforts to reduce waste, the contractor shall also document all efforts related to recycling and waste reduction.

Contractors shall provide products and services that include alternatives to hazardous waste; bio-based products; non-ozone depleting substances; recycled products; and, environmentally preferable products as defined by the EPA. Preferred products and categories are listed on the EPA’s website:

http://www.epa.gov/epaoswer/non-hw/procure/backgrnd.htm.

In accordance with provided federal acquisition regulations, please consider the cost of using environmentally preferred products when quoting for this solicitation. For further clarification, please contact the BLM Point of Contact.

BLM POINTS OF CONTACT:

Rachel Henriques Contracting Specialist

(602) 856 – 6584 rhenriques@blm.gov

Shawn Rogers-Bailey Contracting Officer

(480) 490 - 3152 srogersbailey@blm.gov

CLAUSES AND PROVISIONS INCORPORATED BY REFERENCE

52.204‐7 System for Award Management OCT 2018

52.204‐16 Commercial and Government Entity Code Reporting AUG 2020

52.204‐24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.212‐1 Instructions to Offerors—Commercial Products and Commercial Services NOV 2021

52.217‐5 Evaluation of Options JULY 1990

52.204‐13 System for Award Management Maintenance OCT 2018

52.204‐18 Commercial and Government Entity Code Maintenance AUG 2020

52.204‐19 Incorporation by Reference of Representations and Certifications DEC 2014

52.212‐4 Contract Terms and Conditions—Commercial Products and Commercial Services DEC 2022

52.212‐5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services

DEC 2022

52.223‐17 Affirmative Procurement of EPA‐Designated Items in Service and Construction Contracts.

AUG 2018

52.232‐39 Unenforceability of Unauthorized Obligations

JUN 2013

52.212‐3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 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"—

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 veteransor, 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 with13 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 at13 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 CFR124.104(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 least51 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 representa on, 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 Order11246‐ (1) Previous contracts and compliance. The offeror represents that‐

(i) It □ has, □ has not par cipated 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 wri en affirma ve ac on programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ 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 and that each domestic end product listed in paragraph (f)(3) of this provision contains a critical component, except those listed in paragraph (f)(2) of this provision, is a domestic end product.

(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. ___

[List as necessary]

(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."

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. 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)

[List as necessary]

(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 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 Israeli end products as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:

Israeli End Products:

Line Item No.

[List as necessary]

(3) 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]

(4) 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 en ty 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.

Line Item No. Country 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 an cipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]

(1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003‐4(c)(1). The offeror

□ does □ does not cer fy that–

(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;

(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003‐4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and

(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

(2) Certain services as described in FAR 22.1003‐4(d)(1). The offeror □ does □ does not cer fy that‐

(i) The services under the contract are offered and sold regularly to non‐Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

(ii) The contract services will be furnished at prices that are, or are based on, established catalog…