FSS-23-V - Diamond Mowers, LLC - 47QMCA19D000M

Offer Responses Document

DIAMOND MOWERS, LLC

DUNS : 069314479

Offer Control Number : JA1C633I

Solicitation Number : FFAH-C2-990235-B

Refresh Number : 24

Created on January 22, 2019, 9:34:23 AM (EST)

TABLE OF CONTENTS

Please click on an item in Table of Contents below to go to the respective location within this document.

Company Information

Existing Contract Information

Preponderance Of Work Information

SIN Information 271 101-Construction Equipment and Attachments: -

Standard Responses

Clause & Vendor Responses

52.209-5 - CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

52.209-7 - INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

52.215-6 - PLACE OF PERFORMANCE (OCT 1997)

552.232-82 - Remittance Address 552.216-73 - Ordering Receipt Information G-FSS-900-C - Contact for Contract Administration (Domestic) G-FSS-900-C_Original_0 - Order POC G-FSS-900-C_Original_0 - Industrial Funding Fee CSP-1 - Commercial Sales Practice K-FSS-1 - Authorized Negotiators

List of Uploaded Documents

Responses to Solicitation FFAH-C2-990235-B Refresh: 24

DIAMOND MOWERS, LLC January 22, 2019 i

Company Information

BUSINESS NAME : DIAMOND MOWERS, LLC

TYPE OF ORGANIZATION : Partnership

COMMON PARENT DUNS NUMBER :

DOING BUSINESS AS : DIAMOND MOWERS

BUSINESS TYPE : Manufacturer of Goods.

BUSINESS WEBSITE : http://www.diamondmowers.com

Business Address Mailing Address

350 EAST 60TH STREET NORTH,

SIOUX FALLS, SD - 571040423,

USA .

DIAMOND MOWERS, LLC

PO BOX 85030,

SIOUX FALLS, SD - 57118,

USA .

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Existing Contract Information Contract No Termination Date

Not Applicable Not Applicable

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Preponderance Of Work Information Vendor Selected Preponderance of work: 333111

SIN Information Response for 271 101-Construction Equipment and Attachments: -

NAICS is the North American Industry Classification System for classifying establishments by type of economic activity, emphasizing what your company does.

• 333111

What is your company's total projected annual sales to the Government under this SIN for the contract base period (excluding optional contract renewals)?

• 500000

What is the Scope for this SIN?

• Contractor will provide domestic delivery only

Maximum Order Limit

• 2000000

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Standard Responses

Disaster Purchasing

Does the offeror agree to voluntarily participate in the Recovery Purchasing Program as described in 552.238-78 SCOPE OF CONTRACT (ELIGIBLE ORDERING ACTIVITIES) (JUL 2016) and 552.238-79 USE OF FEDERAL SUPPLY

SCHEDULE CONTRACTS BY NON-FEDERAL ENTITIES (JUL 2016)?

Yes

Exceptions To Terms And Conditions

Does the offeror take exception to any of the Terms and Conditions (Contract Clauses) presented in Part II of the Solicitation Document?(If "yes" is selected, the offeror must provide documentation for each contract clause selected for exception. The exception(s) the offeror requests will be negotiated with the GSA Contracting Official(s).)

No

Exceptions To Certs And Reps (52.212-3)

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? (If 'No' is selected, the offeror must submit an attachment listing the paragraph(s) which have changed and identify, after each paragraph, what has changed. Please title the attachment, 'Exceptions to Certs and Reps-52.212-3.')

No

Employment Eligibility Verification (Jan 2009) (52.222-54)

As per the FAR, Clause 52.222-54, Employment Eligibility Verification (Jan 2009), Federal contractors and subcontractors are required to begin using the U.S. Citizenship and Immigration Services' E-Verify system to verify their employees' eligibility to legally work in the United States.

Yes

Minimum Order Limit

Please enter the minimum order limit allowed on the contract:

100000

Subcontracting Plan (N/A to Small Business Concerns) (52.219-9)

Do you wish to create/upload a subcontracting plan at this time? (Note: Please note that "other than small" businesses may be required by the contracting officer to submit a subcontracting plan prior to being awarded a contract. For more information on determining business size, please visit www.sba.gov/size)

• Are you a "not for profit" entity? No, We are NOT a not-for-profit entity.

• Are you a domestic firm, or a foreign firm? Yes, We are a domestic firm.

• Based on the criteria of the NAICS code you have selected as your preponderance of work, would you be considered a small business, or an other-than-small business? Yes, We would be considered as a "small" business.

SubContracting Plan Required : No

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Clause and Vendor Responses

Begin Regulation

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS

(OCT 2015)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) 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 public (Federal, State, or local) 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 (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are [ ] are not [✔] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision; and

(D) 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.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) 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.

(ii) 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.

(2) Examples.

(i) 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.

(ii) 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

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Page: 5 of 15 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.

(iii) 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.

(iv) 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).

(ii) The Offeror has [ ] has not [✔], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal Agency.

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

This certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under section 1001, title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealing.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

End Regulation

Begin Regulation

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS

(OCT 2018)

(a) Definitions. As used in this provision —

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings).

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This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

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

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

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

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

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

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

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

(i) In a criminal proceeding, a conviction.

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

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

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

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

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

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

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

End Regulation

Begin Regulation

52.215-6 PLACE OF PERFORMANCE (OCT 1997)

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(a) The offeror or respondent, in the performance of any contract resulting from this solicitation, [✔] intends, [ ] does not intend [check applicable box] to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information.

(b) If the offeror or respondent checks “intends” in paragraph (a) of this provision, it shall insert in the following spaces the required information:

Other Place of Performance

Location County

1000 West Cherokee Street, Sioux Falls, SD 57104, UNITED STATES

Minnehaha

Plant or Facility If Other Than Bidder

Location County

End Regulation

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552.232-82 CONTRACTOR'S REMITTANCE (PAYMENT) ADDRESS

(MAY 2003)

(a) Payment by electronic funds transfer (EFT) is the preferred method of payment. However, under certain conditions, the ordering activity may elect to make payment by check. The offeror shall indicate below the payment address to which checks should be mailed for payment of proper invoices submitted under a resultant contract.

PAYMENT ADDRESS

(b) Offeror shall furnish by attachment to this solicitation, the remittance (payment) addresses of all authorized participating dealers receiving orders and accepting payment by check in the name of the Contractor in care of the dealer, if different from their ordering address(es) specified elsewhere in this solicitation. If a dealer’s ordering and remittance address differ, both must be furnished and identified as such.

(c) All offerors are cautioned that if the remittance (payment) address shown on an actual invoice differs from that shown in paragraph (b) of this provision or on the attachment, the remittance address(es) in paragraph (b) of this provision or attached will govern. Payment to any other address, except as provided for through EFT payment methods, will require an administrative change to the contract.

Note: All orders placed against a Federal Supply Schedule contract are to be paid by the individual ordering activity placing the order. Each order will cite the appropriate ordering activity payment address, and proper invoices should be sent to that address. Proper invoices should be sent to GSA only for orders placed by GSA.

Any other ordering activity’s invoices sent to GSA will only delay your payment.

End Regulation

Vendor Response: Remittance Address

CompanyName : Diamond Mowers

Attention : Aleyda Leone

Address1 : 350 E 60th St N

City : Sioux Falls

State : SD

Zip : 57104

Country : USA

Phone : 605-977-3300

Fax : 605-655-5870

Email : aleone@diamondmowers.com

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Vendor Response: Ordering Receipt Information

ReceiptType : Facsimile Transmission or

FacsimileFax : 605-655-5870

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G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION

(JUL 2003)

Offerors should complete paragraphs (a) and (b) if providing both domestic and overseas delivery. Complete paragraph (a) if providing domestic delivery only. Complete paragraph (b) if providing overseas delivery only.

The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas. The contract administrator is responsible for overall compliance with contract terms and conditions. The contract administrator is also the responsible official for issues concerning 552.238-74, Industrial Funding Fee and Sales Reporting (JUL 2003), including reviews of contractor records. The Contractor’s designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance. Any changes to the designated individual must be provided to the Contracting Officer in writing, with the proposed effective date of the change

(a) Domestic:

NAME ______________________________________________________________________

TITLE ______________________________________________________________________

ADDRESS ___________________________________________________________________

ZIP CODE ___________________________________________________________________

TELEPHONE NO. ( _______ ) __________________ FAX NO. ________________________

E-MAIL ADDRESS ___________________________________________________________

(b) Overseas: Overseas contact points are mandatory for local assistance with the resolution of any delivery, performance, or quality complaint from customer agencies. (Also, see the requirement in I-FSS-594, Parts and Service.) At a minimum, a contact point must be furnished for each area in which deliveries are contemplated, e.g., Europe, South America, Far East, etc.

NAME ______________________________________________________________________

TITLE ______________________________________________________________________

ADDRESS ___________________________________________________________________

ZIP CODE ___________________________________________________________________

TELEPHONE NO. ( _______ ) __________________ FAX NO. ________________________

E-MAIL ADDRESS ___________________________________________________________

End Regulation

Begin Regulation

G-FSS-900-C CONTACT FOR CONTRACT ADMINISTRATION

(JUL 2003)

Offerors should complete paragraphs (a) and (b) if providing both domestic and overseas delivery. Complete

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Page: 11 of 15 paragraph (a) if providing domestic delivery only. Complete paragraph (b) if providing overseas delivery only.

The Contractor shall designate a person to serve as the contract administrator for the contract both domestically and overseas. The contract administrator is responsible for overall compliance with contract terms and conditions. The contract administrator is also the responsible official for issues concerning 552.238-74, Industrial Funding Fee and Sales Reporting (JUL 2003), including reviews of contractor records. The Contractor’s designation of representatives to handle certain functions under this contract does not relieve the contract administrator of responsibility for contract compliance. Any changes to the designated individual must be provided to the Contracting Officer in writing, with the proposed effective date of the change

(a) Domestic:

NAME ______________________________________________________________________

TITLE ______________________________________________________________________

ADDRESS ___________________________________________________________________

ZIP CODE ___________________________________________________________________

TELEPHONE NO. ( _______ ) __________________ FAX NO. ________________________

E-MAIL ADDRESS ___________________________________________________________

(b) Overseas: Overseas contact points are mandatory for local assistance with the resolution of any delivery, performance, or quality complaint from customer agencies. (Also, see the requirement in I-FSS-594, Parts and Service.) At a minimum, a contact point must be furnished for each area in which deliveries are contemplated, e.g., Europe, South America, Far East, etc.

NAME ______________________________________________________________________

TITLE ______________________________________________________________________

ADDRESS ___________________________________________________________________

ZIP CODE ___________________________________________________________________

TELEPHONE NO. ( _______ ) __________________ FAX NO. ________________________

E-MAIL ADDRESS ___________________________________________________________

End Regulation

Vendor Response: Contact for Contract Administration (Domestic)

Name : Jessica Kortals

Title : Sales Support Manager

Address1 : 350 East 60th Street North

City : Sioux Falls

State : SD

Zip : 57104

Country : USA

Phone : 605-977-3317

Fax : 605-977-0000

Email : jkorthals@diamondmowers.com

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DunsNumber : 069314479

Vendor Response: Order POC

Name : Aleyda Leone

Title : Sales Support Admin

Address1 : 1000 West Cherokee Street

City : Sioux Falls

State : SD

Zip : 57104

Country : USA

Phone : 605-977-3300

Fax : 605-977-0000

Email : aleone@diamondmowers.com

DunsNumber : 069314479

Vendor Response: Industrial Funding Fee

Name : Aleyda Leone

Title : Sales Support Admin

Address1 : 1000 West Cherokee Street

City : Sioux Falls

State : SD

Zip : 57104

Country : USA

Phone : 605-977-3300

Fax : 605-977-0000

Email : aleone@diamondmowers.com

DunsNumber : 069314479

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K-FSS-1 AUTHORIZED NEGOTIATORS (MAR 1998)

The offeror shall, in the spaces provided below, fill in the names of all persons authorized to negotiate with the Government in connection with this request for proposals or quotations. (List the names, titles, telephone numbers and electronic mail addresses of the authorized negotiators.)

NAMES &

TITLES

TELEPHONE

NUMBERS

ELECTRONIC MAIL

ADDRESSES

End Regulation

Vendor Response For: K-FSS-1 - Authorized Negotiators

Negotiators marked with (*) are "Authorized to Sign"

NAMES & TITLE TELEPHONE

NUMBERS

ELECTRONIC MAIL ADDRESSES

* Jessica Korthals & Sales Support Manager 605-977-3317 jkorthals@diamondmowers.com

Aleyda Leone & Sales Support Admin 605-977-3313 aleone@diamondmowers.com

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List of Uploaded Documents Document Category Document - Label/Name

Commercial Sales Practices Format Diamond Mowers Commercial Sales Practice 01_17_2019

Copy of Order Form for Past Performance Evaluation Diamond Mowers Past Performance Evaluation Order Form 0

1_17_2019

Exceptions to Certs and Reps - 52.212-3 Diamond Mowers Exceptions Statement 01_17_2019

Financial Documents Diamond Mowers 2016-2017 Financial Statements 01_17_201

Order Form for Past Performance Eval Diamond Mowers Past Performance Evaluation Order Form 0

1_17_2019

Other (optional-offeror defined) Diamond Mowers SAM Registration 01_17_2019 Diamond Mowers Pathway to Success Certificate 01_17_201

Past Performance & Experience Diamond Mowers Past Performance Evaluation 01_17_2019

Pricing Proposal Diamond Mowers Initial Price Proposal 01_17_2019

Proposal Checklist Diamond Mowers Proposal Checklist 01_17_2019

Readiness Assessment Diamond Mowers Readiness Assessment 01_17_2017

Technical Proposal Diamond Mowers Technical Proposal 01_17_2019

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