A.02.01 Combined Synopsis and Solicitation.pdf

• Base Year – September 20, 2020 (or date of award whichever is later) through August 31,

• Option Year I – September 1, 2021 through August 31, 2022

• Option Year II – September, 2022 through August 31, 2023

• The place of performance will be Millwood Project Office.

• FOB: Destination

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation, quotes are being requested and a written solicitation will not be issued.

***Please read these instructions carefully.***

Solicitation number W9127S20Q0061 is issued as a request for quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2020-07.

Set Aside, NAICS Code & Size Standard: This solicitation is set-aside for Small Business.

The NAICS Code 561210 and the applicable size standard is $41.5M

Description of requirements for the items to be acquired: The Contractor shall furnish all necessary management, personnel, materials, supplies, parts, tools, equipment, and vehicles, except as otherwise provided for herein, required to perform the operation and maintenance service within the area of responsibility of the Millwood Lake Project Office, as specified and in strict accordance with all Terms, Conditions, General, Specific and Technical Provisions, Exhibits, etc., contained herein or incorporated by the reference. Incorporation by reference shall include any and all mandatory provisions required by the Federal Acquisition Regulation (FAR) whether it is referenced or not referenced, current at time of award.

Date(s) and place(s) of delivery and acceptance and FOB point:

There will be a site visit held on August 26th at 10AM. The location will be at MW Project Office: 32 Hwy East Ashdown, AR 71822. Please contact Brandee Wright at Brandee.M.Wright@usace.army.mil or by phone at 501-340-1466.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1472_202066

1. Request for Quotation cover page (signed)

2. Completed (filled in) Provisions, as applicable

3. Quote Schedule with unit prices and total prices

4. Signed Amendments, as applicable

When submitting your quote, be please make sure the solicitation number, W9127S20Q0061, is written in the subject line or on the outside of the envelope.

Email: taylor.b.mclain@usace.army.mil

Fax: (501)324-5196

If sending by mail, please submit your quotes to the following address:

US Army Corps of Engineers, Little Rock District Contracting Division, Attention: Taylor McLain 700 West Capitol Avenue, Room 7315 Little Rock, AR 72203

If you have any questions regarding this solicitation, please contact:

Taylor McLain (501)340-1517 taylor.b.mclain@usace.army.mil

The provision at 52.212-1 (Deviation), Instructions to Offerors -- Commercial, applies to this acquisition and a statement regarding any addenda to the provision. Offerors are also required to submit a completed copy of the Request for Quotation cover page and a completed copy of the quote schedule.

The provision at 52.212-2, Evaluation -- Commercial Items, is not applicable to this solicitation.

Award will be made solely on price.

Offerors are required to include a completed copy of the provision at 52.212-3 Alt I, Offeror Representations and Certifications -- Commercial Items, with its quote.

The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition.

The clause at 52.212-5 (Deviation), Contract Terms and Conditions Required To Implement Statutes Or Executive Orders -- Commercial Items, applies to this acquisition. Please see the Clauses Incorporated By Reference section for additional FAR Clauses applicable to this acquisition.

Quotes are due on Thursday, September 3, 2020 at 2:00 PM CST. Email submission of quotations are preferred in .pdf form, however Fax or Mail submissions are allowed.

Required Documents to Submit:

mailto:bettye.l.mahoney@usace.army.mil mailto:bettye.l.mahoney@usace.army.mil

Offeror Name:

Offeror Address:

REQUEST FOR QUOTATION COVER PAGE

US Army Corps of Engineers, Little Rock District Contracting Division

700 West Capitol Avenue Room 7315 Little Rock, AR 72203

W9127S-20-Q-0061 General Maintenance, Millwood Project Office

Submitted by

Street ______________________________ _

City/State ____________________________ _

Offeror Email Address:

Cage Code:

DUNS Number:

TIN:

Telephone Number:

Signature:

Date:

Item No Carpentry/Painting Quantity Unit Unit Price Total Price 0001 Normal Service Call 20 Each 0002 Emergency Service Call 10 Each 0003 Emergency Debris Removal 40,000 Each 1.00$ $40,000.00 0004 Estimated Material Costs 30,000 Each 1.00$ $30,000.00 0005 Remove/Replace Existing Timbers 3,000 Foot 0006 Remove/Replace Base Timbers 3,000 Foot 0007 Install Timbers 10,000 Foot 0008 Install Base Timbers 1,500 Foot 0009 Handrails 2x4x16 Ground Contact 2,000 Foot 0010 Handrails 2x6x16 Ground Contact 1,500 Foot 0011 Handrails 4x4x10 Ground Contact Post 500 Foot 0012 Handrails 4x4x16 Ground Contact Post 500 Foot 0013 Replace/Install One Post Signs 40 Each 0014 Replace/Install Two Post Signs 40 Each 0015 Fill Material 2,000 Ton 0016 Sand Material 400 Ton 0017 Aggregate Base Material 2,000 Ton 0018 Aggregate Base Material 3/4" 2,000 Ton 0019 Rip Rap Stone 6" and Smaller 2,000 Ton 0020 Rip Rap Stone 6" to 12" 2,000 Ton 0021 Rip Rap Stone 12"-16" 2,000 Ton 0022 Rip Rap Stone 18" -24" 2,000 Ton 0023 Replace Metal Entry Doors 10 Each 0024 Replace or Install Shower Bench 10 Each 0025 Replace/Install Utility Table Tops 50 Each 0026 Replace/Install Foot Vinyl Coated Picnic Table 25 Each 0027 Culvert Replacement 6" to 12" 10 Each 0028 Culvert Replacement 13" to 24" 10 Each 0029 Culvert Replacement 25" to 36" 10 Each 0030 Culvert Replacement 37" to 48" 5 Each 0031 Headwall 18"-48" Culverts 20 Each 0032 Concrete 300 CY 0033 Asphalt 2,000 Ton 0034 Metal Picnic Shelter Canopy 10 Each 0035 Chainlink Fencing 1,000 LF 0036 Oil Base, Primer Coat 4,000 SF 0037 Oil Base, Intermediate or Finish Coat 5,000 SF 0038 Latex, Primer Coat 6,000 SF 0039 Latex, Intermediate or Finish Coat 5,000 SF 0040 Pavement Marking 9,000 LF

Quantity Unit Unit Price 0041 Normal Service Call 10 Each 0042 Emergency Service Call 8 Each 0043 Estimated Material Costs 20,000 Each 1.00$ $20,000.00 0044 Replace or Install Camper Pedestal 25 Each 0045 Replace Security Light Fixture 10 Each 0046 Install/Replace Solar Lights 5 Each 0047 Trenching (Electrical Lines) 2,500 LF 0048 Replace Underground Electrical #1 AWG 400 LF 0049 Replace Underground Electrical #2 AWG 400 LF 0050 Replace Underground Electrical #4 AWG 400 LF 0051 Replace Underground Electrical #6 AWG 400 LF

Quantity Unit Unit Price 0052 Normal Service Call 15 Each 0053 Emergency Service Call 15 Each 0054 Estimated Material Costs 15,000 Each 1.00$ $15,000.00 0055 Trenching and Backfilling (Water Lines) 1,500 LF 0056 Replace Lift Station Pump 4 Each 0057 Replace/Install Underground Water Line 3/4"-2" 2,500 LF 0058 Replace Underground Water Line 2"-4" 2,500 LF 0059 Replace Water Heater 85 Gallon 6 Each 0060 Install Vermiculite 150 Bag 0061 Replace or Install Hydrant Assembly System 25 Each 0062 Replace Trailer Dump Station Water Tower 4 Each 0063 Septic Tank Pump Out Service 60 Each

Quantity Unit Unit Price 0064 Dump Truck 130 Hrs 0065 Tractor w/Blade 40 Hrs 0066 Skidsteer w/attachments 25 Hrs 0067 Tractor w/Front Loader 80 Hrs 0068 Dozer Work 200 Hrs 0069 Trackhoe with 30ft Boom 250 Hrs 0070 Road Grader 50 Hrs 0071 Mini Excavator 250 Hrs 0072 Bucket Truck 250 Hrs 0073 Concrete Saw 60 Hrs 0074 Side Boom Bushhog 200 Hrs 0075 Crane (up to 100 ton) 60 Hrs 0076 Compactor 120 Hrs 0077 Rubber Tire Loader 250 Hrs

Quantity Unit Unit Price 0078 Bouy Installation/Removal 200 Each 0079 Estimated Material Costs 10,000 Each 1.00$ $10,000.00

Quantity Unit Unit Price 0080 Yearly Maintenance 5,000 Each 0081 Emergency Service Call 5 Each 0082 Estimated Material Costs 12,000 Each 1.00$ $12,000.00

Total $

Equipment

Bouys

Generator Maintenance

Electrical

Plumbing and Septic Maintenance

1001 Normal Service Call 20 Each 1002 Emergency Service Call 10 Each 1003 Emergency Debris Removal 40,000 Each 1.00$ $40,000.00 1004 Estimated Material Costs 30,000 Each 1.00$ $30,000.00 1005 Remove/Replace Existing Timbers 3,000 Foot 1006 Remove/Replace Base Timbers 3,000 Foot 1007 Install Timbers 10,000 Foot 1008 Install Base Timbers 1,500 Foot 1009 Handrails 2x4x16 Ground Contact 2,000 Foot 1010 Handrails 2x6x16 Ground Contact 1,500 Foot 1011 Handrails 4x4x10 Ground Contact Post 500 Foot 1012 Handrails 4x4x16 Ground Contact Post 500 Foot 1013 Replace/Install One Post Signs 40 Each 1014 Replace/Install Two Post Signs 40 Each 1015 Fill Material 2,000 Ton 1016 Sand Material 400 Ton 1017 Aggregate Base Material 2,000 Ton 1018 Aggregate Base Material 3/4" 2,000 Ton 1019 Rip Rap Stone 6" and Smaller 2,000 Ton 1020 Rip Rap Stone 6" to 12" 2,000 Ton 1021 Rip Rap Stone 12"-16" 2,000 Ton 1022 Rip Rap Stone 18" -24" 2,000 Ton 1023 Replace Metal Entry Doors 10 Each 1024 Replace or Install Shower Bench 10 Each 1025 Replace/Install Utility Table Tops 50 Each 1026 Replace/Install Foot Vinyl Coated Picnic Table 25 Each 1027 Culvert Replacement 6" to 12" 10 Each 1028 Culvert Replacement 13" to 24" 10 Each 1029 Culvert Replacement 25" to 36" 10 Each 1030 Culvert Replacement 37" to 48" 5 Each 1031 Headwall 18"-48" Culverts 20 Each 1032 Concrete 300 CY 1033 Asphalt 2,000 Ton 1034 Metal Picnic Shelter Canopy 10 Each 1035 Chainlink Fencing 1,000 LF 1036 Oil Base, Primer Coat 4,000 SF 1037 Oil Base, Intermediate or Finish Coat 5,000 SF 1038 Latex, Primer Coat 6,000 SF 1039 Latex, Intermediate or Finish Coat 5,000 SF 1040 Pavement Marking 9,000 LF

1041 Normal Service Call 10 Each 1042 Emergency Service Call 8 Each 1043 Estimated Material Costs 20,000 Each 1.00$ $20,000.00 1044 Replace or Install Camper Pedestal 25 Each 1045 Replace Security Light Fixture 10 Each 1046 Install/Replace Solar Lights 5 Each 1047 Trenching (Electrical Lines) 2,500 LF 1048 Replace Underground Electrical #1 AWG 400 LF 1049 Replace Underground Electrical #2 AWG 400 LF 1050 Replace Underground Electrical #4 AWG 400 LF 1051 Replace Underground Electrical #6 AWG 400 LF

Quantity Unit Unit Price 1052 Normal Service Call 15 Each 1053 Emergency Service Call 15 Each 1054 Estimated Material Costs 15,000 Each 1.00$ $15,000.00 1055 Trenching and Backfilling (Water Lines) 1,500 LF 1056 Replace Lift Station Pump 4 Each 1057 Replace/Install Underground Water Line 3/4"-2" 2,500 LF 1058 Replace Underground Water Line 2"-4" 2,500 LF 1059 Replace Water Heater 85 Gallon 6 Each 1060 Install Vermiculite 150 Bag 1061 Replace or Install Hydrant Assembly System 25 Each 1062 Replace Trailer Dump Station Water Tower 4 Each 1063 Septic Tank Pump Out Service 60 Each

Quantity Unit Unit Price 1064 Dump Truck 130 Hrs 1065 Tractor w/Blade 40 Hrs 1066 Skidsteer w/attachments 25 Hrs 1067 Tractor w/Front Loader 80 Hrs 1068 Dozer Work 200 Hrs 1069 Trackhoe with 30ft Boom 250 Hrs 1070 Road Grader 50 Hrs 1071 Mini Excavator 250 Hrs 1072 Bucket Truck 250 Hrs 1073 Concrete Saw 60 Hrs 1074 Side Boom Bushhog 200 Hrs 1075 Crane (up to 100 ton) 60 Hrs 1076 Compactor 120 Hrs 1077 Rubber Tire Loader 250 Hrs

Quantity Unit Unit Price 1078 Bouy Installation/Removal 200 Each 1079 Estimated Material Costs 10,000 Each 1.00$ $10,000.00

Quantity Unit Unit Price 1080 Yearly Maintenance 5,000 Each 1081 Emergency Service Call 5 Each 1082 Estimated Material Costs 12,000 Each 1.00$ $12,000.00

Generator Maintenance

Electrical

Plumbing and Septic Maintenance

Equipment

Bouys

2001 Normal Service Call 20 Each 2002 Emergency Service Call 10 Each 2003 Emergency Debris Removal 40,000 Each 1.00$ $40,000.00 2004 Estimated Material Costs 30,000 Each 1.00$ $30,000.00 2005 Remove/Replace Existing Timbers 3,000 Foot 2006 Remove/Replace Base Timbers 3,000 Foot 2007 Install Timbers 10,000 Foot 2008 Install Base Timbers 1,500 Foot 2009 Handrails 2x4x16 Ground Contact 2,000 Foot 2010 Handrails 2x6x16 Ground Contact 1,500 Foot 2011 Handrails 4x4x10 Ground Contact Post 500 Foot 2012 Handrails 4x4x16 Ground Contact Post 500 Foot 2013 Replace/Install One Post Signs 40 Each 2014 Replace/Install Two Post Signs 40 Each 2015 Fill Material 2,000 Ton 2016 Sand Material 400 Ton 2017 Aggregate Base Material 2,000 Ton 2018 Aggregate Base Material 3/4" 2,000 Ton 2019 Rip Rap Stone 6" and Smaller 2,000 Ton 2020 Rip Rap Stone 6" to 12" 2,000 Ton 2021 Rip Rap Stone 12"-16" 2,000 Ton 2022 Rip Rap Stone 18" -24" 2,000 Ton 2023 Replace Metal Entry Doors 10 Each 2024 Replace or Install Shower Bench 10 Each 2025 Replace/Install Utility Table Tops 50 Each 2026 Replace/Install Foot Vinyl Coated Picnic Table 25 Each 2027 Culvert Replacement 6" to 12" 10 Each 2028 Culvert Replacement 13" to 24" 10 Each 2029 Culvert Replacement 25" to 36" 10 Each 2030 Culvert Replacement 37" to 48" 5 Each 2031 Headwall 18"-48" Culverts 20 Each 2032 Concrete 300 CY 2033 Asphalt 2,000 Ton 2034 Metal Picnic Shelter Canopy 10 Each 2035 Chainlink Fencing 1,000 LF 2036 Oil Base, Primer Coat 4,000 SF 2037 Oil Base, Intermediate or Finish Coat 5,000 SF 2038 Latex, Primer Coat 6,000 SF 2039 Latex, Intermediate or Finish Coat 5,000 SF 2040 Pavement Marking 9,000 LF

2041 Normal Service Call 10 Each 2042 Emergency Service Call 8 Each 2043 Estimated Material Costs 20,000 Each 1.00$ $20,000.00 2044 Replace or Install Camper Pedestal 25 Each 2045 Replace Security Light Fixture 10 Each 2046 Install/Replace Solar Lights 5 Each 2047 Trenching (Electrical Lines) 2,500 LF 2048 Replace Underground Electrical #1 AWG 400 LF 2049 Replace Underground Electrical #2 AWG 400 LF 2050 Replace Underground Electrical #4 AWG 400 LF 2051 Replace Underground Electrical #6 AWG 400 LF

Quantity Unit Unit Price 2052 Normal Service Call 15 Each 2053 Emergency Service Call 15 Each 2054 Estimated Material Costs 15,000 Each 1.00$ $15,000.00 2055 Trenching and Backfilling (Water Lines) 1,500 LF 2056 Replace Lift Station Pump 4 Each 2057 Replace/Install Underground Water Line 3/4"-2" 2,500 LF 2058 Replace Underground Water Line 2"-4" 2,500 LF 2059 Replace Water Heater 85 Gallon 6 Each 2060 Install Vermiculite 150 Bag 2061 Replace or Install Hydrant Assembly System 25 Each 2062 Replace Trailer Dump Station Water Tower 4 Each 2063 Septic Tank Pump Out Service 60 Each

Quantity Unit Unit Price 2064 Dump Truck 130 Hrs 2065 Tractor w/Blade 40 Hrs 2066 Skidsteer w/attachments 25 Hrs 2067 Tractor w/Front Loader 80 Hrs 2068 Dozer Work 200 Hrs 2069 Trackhoe with 30ft Boom 250 Hrs 2070 Road Grader 50 Hrs 2071 Mini Excavator 250 Hrs 2072 Bucket Truck 250 Hrs 2073 Concrete Saw 60 Hrs 2074 Side Boom Bushhog 200 Hrs 2075 Crane (up to 100 ton) 60 Hrs 2076 Compactor 120 Hrs 2077 Rubber Tire Loader 250 Hrs

Quantity Unit Unit Price 2078 Bouy Installation/Removal 200 Each 2079 Estimated Material Costs 10,000 Each 1.00$ $10,000.00

Quantity Unit Unit Price 2080 Yearly Maintenance 5,000 Each 2081 Emergency Service Call 5 Each 2082 Estimated Material Costs 12,000 Each 1.00$ $12,000.00

Generator Maintenance

Electrical

Plumbing and Septic Maintenance

Equipment

Bouys

CLAUSES INCORPORATED BY REFERENCE

52.203-3 Gratuities APR 1984

W9127S20Q0061

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (JUN 2020) -- Alternate I

OCT 1995

52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-

Delivery Contracts

OCT 2016

52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-22 Alternative Line Item Proposal JAN 2017 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

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

JUN 2020

52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

OCT 2018

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-1 (Dev) Instructions to Offerors - Commercial Items. (DEVIATION 2018-O0018)

JUN 2020

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.217-4 Evaluation Of Options Exercised At The Time Of Contract

Award

JUN 1988

52.217-5 Evaluation Of Options JUL 1990 52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran-- Representation and Certifications.

JUN 2020

52.232-33 Payment by Electronic Funds Transfer--System for Award Management

OCT 2018

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

APR 2019

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES--REPRESENTATION (DEC

2019)

(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.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.

(c) Representation. The Offeror represents that it [ ___ ] does, [ ___ ] does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(End of provision)

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 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;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate--

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

“Sensitive technology”--

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”--

(1) Means a small business concern--

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

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

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

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

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“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 the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

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

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

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

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

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications 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 CFR 124.1002.

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--

(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) Certifications and representations required to implement provisions of Executive Order 11246--

(1) Previous Contracts and Compliance. The offeror represents that--

(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the 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 Subparts 60-1 and 60-2), or

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

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

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

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

(2) Foreign End Products:

Line Item No. Country of Origin

(List as necessary)

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

(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)

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

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

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

Line Item No. Country of Origin

[List as necessary]

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

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':

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

Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

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

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

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

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

(ii) Examples.

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

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

(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…