A.02.01 Combined Synopsis Solicitation Craney Island Mosquito Treatment....pdf

This is a combined synopsis/solicitation for Craney Island Mosquito Treatment, reference solicitation number W9123620R5014, prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This combined synopsis/solicitation is being issued as a Request for Proposal (RFP) using FAR Part 12, Acquisition of Commercial Items in conjunction with Simplified Acquisition Procedures as authorized by FAR 13. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

The solicitation document and incorporated provisions are those in effect through the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions. The clauses may be accessed in full text at these addresses:

https://www.acquisition.gov/browse/index/far and https://www.acquisition.gov/dfars.

The successful offeror shall accept the binding contract by written acceptance of the SF1449 to be issued at award, prior to undertaking performance. This RFP is issued as a 100% set-aside for small business concerns. The NAICS code is 561710, and the small business size standard is 12 million dollars.

The Wage Determinations below are applicable to this solicitation:

Portsmouth VA. WD No.: 1995-0222 Revision No: 51 Date Revised: 26 February 2020.

Location: USACE, Craney Island VA, 4599 River Shore Road

Description: Aerial application of mosquito treatment is necessary for the upkeep of the Craney Island Dredged Material Management Area in Portsmouth, Virginia.

Unless otherwise specified in the proposed contract resulting from this solicitation, the Government is responsible for the performance of all inspection requirements and quality control. Inspection and Acceptance shall be at destination by the Government.

This solicitation will result in a firm fixed price contract. This contract will have a base year and two (2) option years, if the Government determines that exercising the Option Years is in their best interest. The period of performance for the base year will start in May 2020 and end 30 November 2020. The period of performance for the two (2) option years will be 1 May 2021 – 30 November 2021 and 1 May 2022 – 30 November 2022.

Proposal Submission Requirements:

All Offerors are required to be registered in the System for Award Management (SAM) at www.sam.gov before submitting proposals.

When submitting pricing for consideration, please provide other than certified cost and pricing data for prices in sufficient detail for the Government to determine if your proposal is fair and reasonable for the Contract. Failure to address any of these areas of this RFP or Bid Schedule may result in an “unacceptable” rating and disqualification for award.

In order to be found responsible, the following technical information must be submitted for evaluation with your proposal to ensure it meets the minimum technical requirements set forth in the SOW.

1. The aircraft to be used for the aerial application.

2. Qualifications and certifications of operator(s)/pilot(s).

3. Experience in aerial application of insecticide.

4. Experience operating over federal properties.

Offerors are highly encouraged to complete all Representations and Certifications electronically, online at www.sam.gov. If not completed online, Offerors must include a completed copy of the provisions at FAR 52.212-3 Alternate I, which can be obtained at http:acquisition.gov, FAR Part 52, or online at www.sam.gov.

The Provision 52.212-1, Instructions to Offerors- Commercial, applies to this acquisition. The Government will award a contract resulting from this solicitation to the responsible Offeror whose Offer conforming to the solicitation will be most advantageous to the Government, and to the Offeror whose proposal represents the lowest Total Evaluated Price (Base plus ALL Options), and who is determined to be Responsible in accordance with FAR 9.104. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. The successful offeror shall accept the binding contract by written acceptance of the SF 1449 prior to undertaking performance.

This announcement will close and quotes are due by 12:00 PM (Eastern Day Time) Monday, 22 May 2020. Late quotes will be handled in accordance with 52.212-1(f). Signed and dated offers, to include a complete listing of all items, must be submitted to Axel Doody via email to Axel.F.Doody@usace.army.mil cc’d Stormie.B.Wicks@usace.army.mil. Offers shall be submitted via E-mail only.

All Technical Questions should be submitted via email to Axel.F.Doody@usace.army.mil cc’d Stormie.B.Wicks@usace.army.mil NLT 3:00 PM (EDT), 15 May 2020. All inquiries will be addressed via official Amendment, posted to the Government Point of Entry, BetaSAM.gov.

Oral communications are not acceptable in response to this notice. All responsible sources may submit a proposal which shall be considered by the agency.

Offerors shall provide the following company information:

Company Name: ___________________________________ Address: __________________________________________ City: __________________________________ State: __________________ CAGE Code: _______________________________________

DUNS: ____________________________________________

TIN: ______________________________________________

Website:___________________________________________ Point of Contact Name:________________________________ Phone:______________________________________________ Email:______________________________________________

PLEASE FILL IN Proposed UNIT PRICE and Net AMOUNT for EACH CLIN. Please fill in each item for the TOTAL EVALUATED PRICE

BID SCHEDULE

ITEM SUPPLY/SERVICE QUANTITY UNIT UNIT PRICE

0001 1,250 Acres

BTI granular Larvicide Application $______________________________

FFP

Apply Bacillus thuringiensis (Bti) granular larvicide at the rate of 20 pounds per acre as directed by the Contracting Office Representative. (250 acre minimum for any one application with a maximum capacity of 1,250 acres) FOB: Destination

NET AMT $

0002 1,500 Acres

BTI Liquid Larvicide Application $_____________________________

Apply Bacillus thuringiensis (Bti) liquid larvicide at the rate of 2 pints per acre as directed by the Contracting Office Representative. (250 acre minimum for any one application with a maximum capacity of 1,500 acres.

0003 13,200 Acres

Undiluted Naled (Trumpet EC) Application $______________________________

Apply undiluted Naled (Trumpet EC) in ultra low volume dosage of 0.75 fluid ounces per acre as directed by the Contracting Office Representative. (3,300 acre minimum for any one application with a maximum capacity of 13,200 acres for a potential total of four individual 3,300 acre treatments) FOB: Destination

1001 1,250 Acres

Option Year 1 - BTI granular Larvicide Application $______________________________

Apply Bacillus thuringiensis (Bti) granular larvicide at the rate of 20 pounds per acre as directed by the Contracting Office Representative. (250 acre minimum for

1002 1,500 Acres

Option Year 1 - BTI Liquid Larvicide Application $_____________________________

Apply Bacillus thuringiensis (Bti) liquid larvicide at the rate of 2 pints per acre as directed by the Contracting Office Representative. (250 acre minimum for any

1003 13,200 Acres

Option Year 1 - Undiluted Naled (Trumpet EC) Application $______________________________

Apply undiluted Naled (Trumpet EC) in ultra low volume dosage of 0.75 fluid ounces per acre as directed by the Contracting Office Representative. (3,300 acre

TOTAL EVALUATED PRICE

Total Amount CLINS 0001 thru 2003: ________________________________________

Total Evaluation Price: ______________________________________________

2001 1,250 Acres

Option Year 2 - BTI granular Larvicide Application $______________________________

Apply Bacillus thuringiensis (Bti) granular larvicide at the rate of 20 pounds per acre as directed by the Contracting Office Representative. (250 acre minimum for

2002 1,500 Acres

Option Year 2 - BTI Liquid Larvicide Application $_____________________________

Apply Bacillus thuringiensis (Bti) liquid larvicide at the rate of 2 pints per acre as directed by the Contracting Office Representative. (250 acre minimum for any

2003 13,200 Acres

Option Year 2 - Undiluted Naled (Trumpet EC) Application $______________________________

Apply undiluted Naled (Trumpet EC) in ultra low volume dosage of 0.75 fluid ounces per acre as directed by the Contracting Office Representative. (3,300 acre

Performance Work Statement

Aerial Mosquito Treatment at Craney Island

Aerial application of mosquito treatment is necessary for the upkeep of the Craney Island Dredged Material Management Area in Portsmouth Virginia.

Base Year:

Line Item 0001:

Apply Bacillus thuringiensis (Bti) granular larvicide at the rate of 20 pounds per acre as directed by the Contracting Office Representative. (250 acre minimum for any one application with a maximum capacity of 1,250 acres)

Line Item 0002:

Apply Bacillus thuringiensis (Bti) liquid larvicide at the rate of 2 pints per acre as directed by the Contracting Office Representative. (250 acre minimum for any one application with a maximum capacity of 1,500 acres)

Line Item 0003:

Apply undiluted Naled (Trumpet EC) in ultra low volume dosage of 0.75 fluid ounces per acre as directed by the Contracting Office Representative. (3,300 acre minimum for any one application with a maximum capacity of 13,200 acres for a potential total of four individual 3,300 acre treatments)

Option Year 01:

Line Item 1001:

Line Item 1002:

Apply Bacillus thuringiensis (Bti) liquid larvicide at the rate of 2 pints per acre as directed by the

Line Item 1003:

directed by the Contracting Office Representative. (3,300 acre minimum for any one

Option Year 02:

Line Item 2001:

Line Item 2002:

Apply Bacillus thuringiensis (Bti) liquid larvicide at the rate of 2 pints per acre as directed by the

Line Item 2003:

directed by the Contracting Office Representative. (3,300 acre minimum for any one

The performance period starting in May and ending Nov 30 of each year consisting of a base year and two option years.

The intent of this contract is turn-key ordering of mosquito treatment with a two day turn around on requests (as agreed upon between the COR and contractor at the time of work request). As such, the contractor will be expected to obtain all legally required permits licenses etc, obtain and maintain all chemicals and equipment, and provide their own airport or landing area to conduct operations.

CONTRACTORS ARE RESPONSIBLE FOR OPERATING OUT OF THEIR OWN

AIRPORT OR WORK AREA.

Under no circumstances will the contractor be permitted to operate on the site – this includes but is not limited to takeoff, landing, chemical mix and/or transfer, and refueling.

Award of this contract is in no way a guarantee of work as the work is ordered off the contract as necessary. It is the responsibility of the contractor to determine if they wish to purchase products in advance, however the government shall not be held financially liable for any unused chemicals purchased by the contractor. The Corps reserves the right to make changes or cancellation to work ordered within 24 hours of making the order.

Anti-Terrorism and Operational Security Requirements:

All contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by the government representative). The contractor shall also provide all information required for background checks to meet installation/facility access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any installation or facility change, the Government may require changes in contractor security matters or processes.

The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award.

*When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

METHODOLOGIES TO BE USED TO MONITOR THE CONTRACTOR’S PERFORMANCE

There will be 100% inspection to verify work has been performed. All work will be documented by the COR prior to payment.

Quality Assurance Surveillance Activities In general, the work will be evaluated in terms of how well the requirements of the contract are satisfied, the extent to which the work performed follows the required capacity and timeliness of scheduled task accomplishment. At the discretion of the COR or the Contracting Officer or Specialist, other government officials approved by the Contracting Officer or Specialist may be asked to evaluate a particular deliverable or set of deliverables.

QUALITY ASSURANCE REPORTING FORMS

The forms used to document surveillance activities include Work Control Log (Attachment A).

Nonconformance will be documented on a Corrective Action Request (CAR). Completed forms will be consolidated and provided to the Contracting Officer at the end of each month for that month's surveillance activities. These forms, when completed, will document the contractor's compliance with contract requirements and completion of work.

WORK CONTROL LOG Report Number:

(AERIAL)

Project: Date:

Contractor: Weather:

Work Location/ Description: Work Type:

Treatment: YES NO Type:

Other Work: YES NO

Type:

Remarks if cause for delay:

Remarks on work progress:

Information instructions or actions taken not covered in contractor report:

Has anything developed on the work which might lead to a modification?

YES NO Remarks:

Inspector's Signature: Date:

Clauses incorporated by Reference

The following FAR provisions and clauses are applicable to this procurement:

CLAUSES INCORPORATED BY REFERENCE

52.203-3, Gratuities 52.203-6 Alt I, Restrictions on Subcontractor Sales to the Government 52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper 52.204-7, System for Award management 52.204-9, Personal Identity Verification of Contractor Personnel 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment 52.204-25, Prohibition of Contracting for Certain Telecommunications and Video Surveillance Services or Equipment 52.204-26, Covered telecommunications Equipment or Services--Representation 52.207-4, Economic Purchase Quantity—Supplies 52.208-9, Contractor Use of Mandatory Sources of Supply or Services 52.209-7, Information Regarding Responsibility Matters 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law 52.211-17, Delivery of Excess Quantities 52.212-1 (Dev), Instructions to offerors – Commercial Items (Deviation 2018-O0018) 52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items 52.212-4, Contract Terms and Conditions – Commercial Items 52.217-3, Evaluation Exclusive of Options 52.217-5, Evaluation of Options 52.219-1 Alt I, Small Business Program Representations 52.219-6 (Dev), Notice of Total Small Business Set-Aside (Deviation 2020-O0008) 52.219-8, Utilization of Small Business Concerns 52.219-9 (Dev), Small Business Subcontracting Plan (Deviation 2018-O0018) 52.219-14 (Dev), Limitations on Subcontracting (Deviation 2020-O0008) 52.219-16, Liquidated Damages - Subcontracting Plan 52.219-28, Post-Award Small Business Program Rerepresentation 52.222-3, Convict Labor 52.222-19, Child Labor-Cooperation with Authorities and Remedies 52.222-21, Prohibition of Segregated Facilities 52.222-26, Equal Opportunity 52.222-35, Equal Opportunity for Veterans 52.222-36, Affirmative Action for Workers with Disabilities 52.222-37, Employment Reports on Veterans

52.222-41, Service Contract Act of 1965 52.222-42, Statement of Equivalent Rates for Federal Hires 52.222-43, Fair Labor Standards Act and Service Contract Act-Price Adjustment (Multiple Year and Option Contracts) 52.222-44, Fair Labor Standards and Service Contract Labor Standards-Price Adjustment 52.222-50, Combating Trafficking in Persons 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving 52.225-13, Restrictions on Certain Foreign Purchases 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications 52.228-5, Insurance—Work on a Government Installation 52.232-1, Payments 52.232-8, Discounts for Prompt Payment 52.232-11, Extras 52.232-33, Payment by Electron Funds Transfer – System for Award Management 52.232-39, Unenforceability of Unauthorized Obligations 52.232-40, Providing Accelerated Payments to Small Business Subcontractors 52.233-3, Protest after Award 52.233-4, Applicable Law for Breach of Contract Claim 52.242-13, Bankruptcy 52.242-15, Stop-Work Order 52.242-17, Government Delay of Work 52.243-Alt 1, Changes – Fixed Price 52.246-4, Inspection of Services—Fixed-Price 52.249-2, Termination for Convenience of the Government (Fixed-Price) 252.203-7000, Requirements Relating to Compensation of Former DoD Officials 252.203-7002, Requirement to Inform Employees of Whistleblower Rights 252.203-7003, Agency Office of Inspector General 252.203-7005, Representation Relating to Compensation of Former DoD Officials 252.204-7003, Control of Government Personnel Work Product 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting 252.204-7015, Notice of Authorized Disclosure of Information for Litigation Support Contracts 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunication Equipment or Services 252.209-7004, Subcontracting with Firms that are owned or Controlled by the Government of a Country that is Sate Sponsor of Terrorism 252.223-7008, Prohibition of Hexavalent Chromium 252.225-7001, Buy American and Balance of Payments Program 252.225-7012, Preference for Certain Domestic Commodities 252.225-7048, Export-Controlled Items 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

252.232-7003, Electronic Submission of Payment Requests and Receiving Reports 252.232-7010, Levies on Contract Payments 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel 252.237-7023, Continuation of Essential Contractor Services 252.237-7024, Notice of Continuation of Essential Contractor Services 252.243-7001, Pricing of Contract Modifications 252.243-7002, Requests for Equitable Adjustment 252.244-7000, Subcontracts for Commercial Items

CLAUSES INSERTED BY FULL TEXT

52.212-3 Alt I, Offeror Representations and Certifications – Commercial Items

As prescribed in 12.301(b)(2), insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS-COMMERCIAL ITEMS (MAR 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”—

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:

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

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

Canadian End Products:

Line Item No.

[List as necessary]

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

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

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

[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:

[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

Line Item No. Country of Origin

Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract;

violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

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

and

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

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

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

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

(ii) Examples.

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

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

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

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

(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.

(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

Listed End Product Listed Countries of Origin

(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…