6 - Revised Supporting Files_13JAN.pdf

QUALITY ASSURANCE INDICATORS

for Evaluations for Park Attendants

1. Courteous and helpful attitude towards visitors.

Indicator: Contractor shall at all times present a courteous and helpful attitude toward visitors. Contractors shall not make critical or disparaging remarks about the United States Corps of Engineers (USACE), their policies, Park Rangers, or other Contractors to the public or anyone else. Contractors shall refrain from any conduct which will reflect unfavorably on the United States Corps of Engineers. Attendants shall not discriminate in regard to race, sex, national origin, disability, religion, age, or sexual orientation. Attendant shall cooperate with other contractors, USACE employees, law enforcement and emergency personnel. (Article V Section D)

2. Park Attendant cooperates with Corps personnel and contractors.

Indicator: Contractor shall not direct Park Rangers in how to resolve issues. Rangers will handle each case on its own merit, in accordance with USACE Visitor Assistance Regulations and Park Ranger training. Attendants shall not attempt to direct, manipulate, undermine, oppose, impede, or “second-guess” decisions made by Rangers or Deputies. Decision of the Park Ranger is final. (Article V Section F)

Contractors shall cooperate with Corps personnel and other contractors and shall refrain from criticizing the Corps, its policies, or its personnel or other contractors. Contractor shall address problems and issues with any of these to the COR for early resolution. (Article X Section E)

3. Demonstrates team effort in daily duties.

Indicator: Attendant shall cooperate with other contractors, Corps of Engineer employees, law enforcement and emergency personnel. (Article V Section D)

Contractors shall cooperate with Corps personnel and other contractors and shall refrain from criticizing the Corps, its policies, or its personnel or other contractors. Contractor shall address problems and issues with any of these to the COR for early resolution. (Article X Section E)

4. Maintains Host Site in neat and orderly manner.

Indicator: Contractor shall furnish a factory-built, “self-contained” recreational vehicle (RV) of the travel trailer or motor home type, to serve as temporary living quarters for the duration of the contract period:

• Unit shall be equipped with electrical hookup not to exceed 110 volts, and shall be a minimum of 26

(twenty-six) feet in length. (Maximum size will be determined by physical limitations of the site furnished.) Unit shall be equipped with electrical hookup not to exceed 110 volts. (Maximum size will be determined by physical limitations of the site furnished.)

• The unit shall be free any offensive words or materials and shall be in good condition.

• Not Allowed: Pick-Up shell-type campers, pop-up tent trailers, tents, mini-travel trailers, mobile homes, converted buses, or other RVs which do not meet size requirements, or the “self-contained” classification as determined by the Contracting Officer or the COR.

• The Contractor team shall be the sole occupants of their site. Family members and friends shall not live with the contractors.

• Overnight visitors of Contract Park Attendants may stay in the contractor’s living quarters. Visitors having their own camping equipment shall occupy a regular campsite and pay the regular fee.

Visitors shall not utilize attendant site hookups.

• Attendant shall maintain host site in clean and sanitary condition at all times. No dog pens, corrals, poultry cages, or similar facilities for raising animals will be allowed. No appliances or excessive personal items will be permitted in the outside living area. Minimal landscaping at the host site may be approved by COR.

• Attendants shall clean site upon departure, and remove all personal items, litter, refuse, furniture, etc.

from government property unless approved by Contracting Officer.

(Article VIII Section A)

5. Maintains neat appearance, including uniforms.

Indicator: Contractor shall provide his/her own supply of uniforms consisting of Khaki-colored slacks, shorts or skirts and dark green “polo-style” or “golf” shirts, and shoes. Contractor shall sew or attach Government-furnished logo patch onto uniform shirt, if applicable. Contractor shall wear the uniform shirt, pants (or skirt) and name tag together at all times while on duty. Contractor shall wear shoes while on duty. (Article VIII Section C)

6. Maintains Gatehouse in neat and organized manner.

Indicator: Contractor shall maintain the gatehouse, inside and outside, in a clean and sanitary condition.

• Daily sweep floor; sweep/brush cobwebs and insect debris from inside and outside walls, windows, and doors of building; wipe off counter tops, cabinets. Mop floor as needed. Keep windows clean.

• Clean computer equipment, if needed, according to prescribed procedure.

• Sweep sidewalks and entryways into gatehouse daily.

• Keep honor vault (if applicable) free of cobwebs, dirt, and insect debris by sweeping.

• Maintain clean restroom facilities inside the gate houses (not public) where applicable.

(Article VII) Visitors, including family and friends, shall not enter the gatehouse at any time.

(Article VIII Section A)

7. Provides full shift in gatehouse.

Indicator: Contractors shall work according to the schedule and hours specified in the “Specific Recreation Area Job Description (SRAJD)” Performance Work Statement for the park which they are awarded. On scheduled performance days, both members of the performing contractor team will be present within the park at all times, and the gatehouse will be continuously staffed by at least one member of the team, during hours outlined on the SRAJDS. During On-Call hours of duty (as defined in the SRAJDS) the Contractor shall remain on site, at his/her residence (assigned host site) unless otherwise noted. Contractor shall provide assistance to visitors in cases of emergencies, to include medical or law enforcement, by calling 9-1-1.

Contractor shall assist by unlocking/locking gates to allow access for emergency vehicles and personnel.

Contractor may be required to answer incoming telephone calls after hours, please refer to SRAJDS.

Without exception, contract Attendant shall immediately open park gates for those claiming a need to leave for emergency reasons and/or for those users who demand to be let out of the park after hours. Contractor shall not confront or argue with visitor. Contractor shall open gates to allow emergency vehicles access to the park and customers. Attendants shall obtain vehicle description and license plate numbers of those persons let out of gates after hours and shall give to Ranger on Duty as requested. (Article III)

8. Maintains daily log and camper check-in board.

Indicator: Contractors shall maintain a daily log of incidents, accidents, complaints, problems, and changes in operation as may be directed by Park Ranger. Contractor shall record visitors to the park in accordance with prescribed procedures. Attendants shall report complaints and incidents to Ranger on Duty. (Article V Section G)

Contractor shall maintain records necessary for the administration of the user fee program: campsite status boards. (Article VI Section A)

9. Proficient in R1S (Recreation One Stop; previously called NRRS) and/or Cash Register.

Indicator: At locations utilizing R1S and/or Outdoor Recreation Management Suite (ORMS), potential contractors must possess basic computer skills (ability to operate preinstalled programs on a government-furnished computer, through the use of a keyboard and mouse). ORMS is an internet-based computer program used for registering campers, tracking fees, and processing R1S reservations. At the conclusion of training, contractors will be required to demonstrate their ability to proficiently operate required computer programs and credit card equipment, as applicable. (Article 1 Section B & C)

Contractor shall perform duties described herein and duties specified in “Specific Recreation Area Job Description” sheets. Duties include operate the ORMS computers or cash registers (as specified in SRAJDS), make reservations for park facilities, collect fees, and submit reports in accordance with prescribed procedures. (Article V Section A) Contractor shall maintain records necessary for the administration of the user fee program: computerized registration and reservation program (ORMS), credit card scanners and printers, User Fee Permits (ENG form 4457), Camper Registration Cards (CESAW 667), Cash Register receipts, Cash Collection Vouchers (DD 1131), Remittance Registers (ENG 3313), Daily Arrival Reports, Annual Passes, rosters, campsite status boards, passes, etc. Contractor shall collect a variety of user fees as specified on the “Specific Recreation Area Job Description” sheets for camping, visitors, day use, shelters, etc. Fees will be collected and secured according to prescribed procedure. Please refer to the SRAJD sheets. Contractor shall operate the R1S system according to prescribed procedure. This shall include, but is not limited to computers, printers, credit card scanners, and utilizing the the R1S Help Desk by telephone when problems with computers and/or the R1S system arise, or as requested by Ranger on Duty. (Article VI Section A-C)

10. Reports complaints and incidents to rangers when they occur.

Indicator: Contractor shall act as point of contact for the visiting public for reporting emergencies and/or violations of law. Attendants shall assist public with information by answering telephones and questions at the gate house.

Attendants shall report to Ranger on Duty all accidents, violations of law, disturbances, and situations that could affect the health and/or safety of the visiting public. Serious or life-threatening incidents and/or emergencies shall be reported first to 9-1-1 and then to the Ranger on Duty. All communications with local authorities shall be reported to Ranger on Duty.

Attendants shall report complaints and incidents to Ranger on Duty.

Contractor shall maintain radio contact with Corps Rangers during duty hours. Attendants may be the only point of contact for the Park Ranger in an emergency; therefore, radio shall be kept turned “ON” and the volume set at an audible level.

Contractor shall deliver emergency and non-emergency messages to campers according to prescribed procedure. Attendant shall patrol their contracted park and report noted problems and/or violations to the

Ranger on Duty.

Contractor shall record “lost and found” in the log and turn over found items to Ranger on Duty according to prescribed procedure. In cases of malfunctioning facilities, Contractor shall lock building and post “CLOSED” signs as directed by Ranger on Duty. This is to assist park and maintenance staff and to protect the public in instances where Ranger on Duty is detained or unavailable.

(Article V)

11. Correctly submits daily reports and fee remittances.

Indicator: Contractor shall convert cash collected to cashier’s check or money order, according to prescribed procedure. Contractor shall be accountable for all fees collected by cash, check, and credit card. Attendants shall process, reconcile, report, hand-deliver and/or mail all fees collected according to prescribed procedure.

Contractor shall take precautions to ensure personal safety and security of fees according to prescribed procedure. Contractor is responsible for lost or misplaced funds. (Article VI Section E & F)

12. Follows established USACE procedures and scope of work.

Indicator: (Entire Contract)

(End of Qualification Assurance Indicators)

PARK ATTENDANT EVALUATION

Contractors will be evaluated periodically throughout the contract period.

CONTRACTOR: W912PM-

PARK: DATE:

Evaluate Park Attendant performance in each category. Document deficiencies and actions taken to correct on back of this page.

S=SATISFACTORY, N=NEEDS IMPROVEMENT, U=UNSATISFACTORY

1. Courteous and helpful attitude toward visitors. S N U

2. Cooperates with Corps personnel & contractors. S N U

3. Demonstrates team effort in daily duties; cooperates with other park attendants. S N U

4. Maintains neat & orderly host site. S N U

5. Maintains neat appearance, including uniforms. S N U

6. Maintains Gate House in neat, organized manner. S N U

7. Provides full shift in gate house per contract. S N U

8. Maintains Daily Log & Camper Check In board. S N U

9. Proficient in R1S /ORMS or Cash Register. S N U

10. Reports complaints/incidents to Rangers when occur. S N U

11. Correctly submits daily reports, fee remittances, etc. S N U

12. Follows Corps procedures & Scope of Work. S N U

COMMENTS:

Contractor Signature Date

COR Signature: Date

Review and Concurrence by KO: Date

SPECIAL INSTRUCTIONS

Bond Information: Attendants must be fully bonded (Fidelity Bond) or insured to cover funds not received by the designated Government agency as provided for in the specifications. Attendant is required to furnish to the Government original proof of such bond. All contractors are required to be bonded for no less than $5,000 (both names shall be on the bond). The attendant will not begin work until proof of such bond has been furnished. Proof of bond must be provided to the Government no later than the day of orientation. The attendant has the option, instead of furnishing a surety or sureties on the bond, of the following:

a) Depositing certain United States bonds or notes in an amount equal to their par value to the penal sum of the bond;

b) Furnishing a certified or cashier’s check, bank draft, post office money order, or currency, in an amount equal to the penal sum of the bond;

c) Furnishing an irrevocable, unconditional letter of credit.

These services are available through a local insurance company or bank.

Submitting bonds by mail:

Send certified mail no later than one week prior to orientation to the following address:

US Army Corps of Engineers Attn: Karri Mares-Contracting Officer/ Alicia Evans- Contract Specialist 69 Darlington Avenue Wilmington, NC 28403

If you will be submitting your bonds at orientation please call or email Alicia Evans (contact info below).

Background Check: This is a new requirement for all contractors. Please see the attached information. This process needs to be started as soon as possible as it will need to be completed prior to attending orientation.

Contact Information

Contract Specific Questions: Name - Karri Mares, Contracting Officer

Phone - 910-251-4863 Email - Karri.L.Mares@usace.army.mil Name - Alicia Evans Contract Specialist Phone – 910-251-4711 Email – Alicia.G.Evans@usace.army.mil

Campground Questions:

Background Checks:

W. Kerr Scott Lake - David Bolick Phone - (336) 555-2111 Email - David.C.Bolick@usace.army.mil

John H Kerr – Thomas Coleman, Park Ranger Phone – 434-738-6143 x6152 Email – Thomas.C.Coleman@usace.army.mil

Philpott Lake – Thomas Paidousis, Park Ranger Phone – 276-629-4512 x8230 Email – Jessica.C.Mason@usace.army.mil

Name – Mark Simms Phone – 910-251-4809 Email – mark.a.simms@usace.army.mil mailto:Karri.L.Mares@usace.army.mil mailto:ri.L.Mares@usace.army.mil mailto:mark.a.simms@usace.army.mil

Background Check: Please see the information below. This process needs to be started as soon as possible as it will need to be completed prior to attending orientation.

BACKGROUND INVESTIGATION

Standard Background Investigation Requirements for All Contractors.

Contractor applicant will submit a copy of the OF 306 Declaration for Federal Employment and Fingerprints. Fingerprints may be submitted hard copy or digitally. Digital submission is the preferred method.

If hard copy is submitted, the prints must be taken by an agent authorized to fingerprint (Police Dept., Sheriff’s Office, etc…).

Wilmington district security office is capable of capturing and submitting digital fingerprints. Completed fingerprints must be submitted to the Wilmington District security office prior to background investigation being initiated.

Applicant will then contact the Wilmington district security office at

(910) 251- 4784/ 4809. The minimum background investigation required will be a National Agency Check w/Inquiries (NACI).

The security office will create an online account for the applicant to submit their personal information to the Center of Excellence for a background investigation. Once the account is created the applicant will have 5 calendar days to complete the online questionnaire.

Fees for the standard background investigation will be borne by the government. If a security clearance (SECRET or above) is required, this will be facilitated by the contractor utilizing their assigned cage code. If the contractor does not have an assigned cage code, they will submit a request for one. All costs associated with the issuance of a security clearance (SECRET and above) will be borne by the contractor.

The NACI investigation is good for fifteen years. An ANACI (SECRET) level investigation is good for ten years. A SBI (TOP SECRET) investigation is good for 5 years. If derogatory information occurs dming these time periods it should be immediately repo1ted to the servicing security office.

Contact Information

Contract Specific Questions:

Karri Mares, Contracting Officer Phone- 910-251-4863 Email - Karri.L.Mares@usace.aimy.mil

Name – Alicia Evans Contract Specialist Phone - 910-251-4711 Email – Alicia.G.Evans@usace.army.mil

Campground Questions:

W. Kerr Scott Lake - David Bolick Phone - 336 -555-2111 Email - David.C.Bolick@usace.army.mil

John H Kerr - Thomas Coleman, Park Ranger Phone - 434-738-6143 x6152 Email - Thomas.C.Coleman@usace.army.mil

Philpott Lake - Thomas Paidousis, Park Ranger Phone - 276-629-4512 x8230 Email - thomas.a.paidousis@usace.army.mil

Background Checks: Name - Mark Simms Phone - 910-251-4809 Email - mark.a.simms@usace.army.mil mailto:i.L.Mares@usace.aimy.mil

FAR CLAUSE 52.212-3

*NOTE: If information related to this clause is different than what is in your SAM registration, please fill out and provide with your quote. If there are no changes and this information is in SAM, please make a note and provide your DUNS number. Please ensure SAM is updated and active.

Offeror Representations and Certifications-Commercial Items (Oct 2020)

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. 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;

http://www.sam.gov/

(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 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 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 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.

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.

(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 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(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 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 CFR124.1002.

(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-

(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 Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It □ has, □ has not filed all required compliance reports.

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

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

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

(e) Certification Regarding Payments to Influence Federal Transactions (31 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) 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:

http://uscode.house.gov/

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."

(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:

(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:

(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.

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

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

Canadian or Israeli End Products:

(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:

(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:

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

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

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

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

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

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

(4) □ Have, □ have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.

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

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

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

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

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

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

(1) Listed end products.

Listed End Product Listed Countries of Origin

(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 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 certify 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 certify 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 or market prices (see FAR 22.1003-4(d)(2)(iii));

(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and

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

(3) If paragraph (k)(1) or (k)(2) of this clause applies–

(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and

(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer…