a.offerors_packet.doc
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- Attached to
- Sheep Creek Watershed Road Improvements Federal contract opportunity
- Solicitation number
- AG-04M3-S-16-0034
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A. Offerors Packet
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| d.specifications.docx | DOCX document | |
| f.wage_determination.txt | TXT text file | |
| i.FireSuppressionCommunicationR6630054.doc | DOC document | |
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Solicitation No. Project:
Unit:
OMB APPROVAL NO. 2700-0042
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
AG-04M3-S-16-0034
2. TYPE OF SOLICITATION
FORMCHECKBOX
SEALED BID (IFB)
FORMCHECKBOX
NEGOTIATED (RFP)
3. DATE ISSUED
04/27/2016
PAGE OF PAGES
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUISITION/PURCHASE REQUEST NO.
791882/791887
6. PROJECT NO.
7. ISSUED BY
CODE
| 8. ADDRESS OFFER TO |
Contracting East Acquisition Area
Wallowa Whitman National Forest
1550 Dewey Avenue, Suite A Baker City OR 97814 Contracting East Acquisition Area
Attn: Andrea Stanbro, Contract Specialist
Wallowa Whitman National Forest Service
1550 Dewey Avenue, Suite A Baker City OR 97814
9. FOR INFORMATION
CALL:
A. NAME
Andrea Stanbro, Contract Specialist B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS) 541-969-3554
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder.”
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date):
Sheep Creek Watershed Road Improvements, Wallowa-Whitman National Forest Service Aquatic passage culvert replacements and road prism improvements Attention: FAR 52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
11. The Contractor shall begin performance within 14 calendar days and complete it within 120 calendar days after receiving
FORMCHECKBOX
award, FORMCHECKBOX notice to proceed. This performance period is FORMCHECKBOX mandatory, FORMCHECKBOX negotiable. (See Section F)
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES,” indicate within how many calendar days after award in Item 12B.)
FORMCHECKBOX
YES
FORMCHECKBOX
NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
A.
Sealed offers in original and 1 copies to perform the work required are due at the place specified in Item 8 by 4:30 (hour) local time May 27, 2016 (date). If this is a sealed bid solicitation, offers must be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror’s name and address, the solicitation number, and the date and time offers are due.
B.
An offer guarantee
FORMCHECKBOX
is, FORMCHECKBOX is not required.
C.
All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
D.
Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NSN 7540-01-155-3212
1442-101
STANDARD FORM 1442 (REV. 4-85)
Computer Generated
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code)
15. TELEPHONE NO. (Include area code)
| 16. REMITTANCE ADDRESS (Include only if different than Item 14) |
CODE
DUNS No.
Email: __________________________________________________
17.
The offeror agrees to perform the work at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each
| AMENDMENT NO. |
| DATE |
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print)
20B. SIGNATURE
20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED:
22. AMOUNT
23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
FORMCHECKBOX
10 U.S.C. 2304(c)( )
FORMCHECKBOX
41 U.S.C. 253(c)( )
26. ADMINISTERED BY
CODE
| 27. PAYMENT WILL BE MADE BY |
INVOICE PROCESSING PLATFORM IPP
ALL INVOICES MUST BE SUBMITTED ELECTRONICALLY
THROUGH THE INVOICE PROCESSING PLATFORM (IPP)
VIA WWW.IPP.GOV
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
FORMCHECKBOX
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return ____ copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.
FORMCHECKBOX
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print) 31A. NAME OF CONTRACTING OFFICER (Type or print) Andrea Stanbro
30B. SIGNATURE
30C. DATE
31B. UNITED STATES OF AMERICA
BY
31C. AWARD DATE
Computer Generated
STANDARD FORM 1442 BACK (REV. 4-85)
PART I—THE SCHEDULE
SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS
SCHEDULE OF ITEMS
| Item Number |
| Description |
| Method of Meas. |
| Unit |
| Quantity |
| Unit Price |
| Total |
| 15101 |
| Mobilization |
| LS |
| All |
| 15204.A |
| Construction Survey and Staking, 5184 East Sheep Creek Culvert |
| LS |
| All |
| 15204.B |
| Construction Survey and Staking, 5182510 Sheep Creek Culvert |
| LS |
| All |
| 15701 |
| Soil Erosion Control |
| LS |
| All |
| 15702 |
| Soil Erosion Control, Stream Bypass and Water Control |
| 15901 |
| Reconstruction Staking |
| CQ |
| MI |
| 6.73 |
| 20101 |
| Clearing and Grubbing |
| CQ |
| MI |
| 6.73 |
| 20101.A |
| Clearing and Grubbing, 5184 Culvert Replacement |
| LS |
| All |
| 20101.B |
| Clearing and Grubbing, 5182510 Culvert Replacement |
| LS |
| All |
| 20301 |
| Removal of Obstructions, Disposal method A |
| Each |
| 19 |
| 20401 |
| Excavation and Embankment, compaction method B |
| CQ |
| CY |
| 750 |
| 20401.A |
| Excavation and Embankment, compaction method B |
| CQ |
| CY |
| 325 |
| 20401.B |
| Excavation and Embankment, compaction method B |
| CQ |
| CY |
| 100 |
| 20402 |
| Drainage Excavation, Type Ditch Construction |
| CQ |
| LF |
| 3050 |
| 20403 |
| Drainage Excavation, Type Flat Bottom Ditch Construction |
| CQ |
| LF |
| 965 |
| 20420 |
| Roadway Excavation, drainage construction, compaction method B |
| Each |
| 23 |
| 20901.A |
| Structural Excavation |
| CQ |
| CY |
| 275 |
| 20901.B |
| Structural Excavation |
| CQ |
| CY |
| 170 |
| 20903.A |
| Structural Backfill, Compaction Method B |
| CQ |
| CY |
| 75 |
| 20903.B |
| Structural Backfill, Compaction Method B |
| CQ |
| CY |
| 65 |
| 20907.A |
| Foundation Fill, 5184, Compaction Method B |
| CQ |
| CY |
| 10 |
| 20907.B |
| Foundation Fill, 5182510, Compaction Method B |
| CQ |
| CY |
| 10 |
| 25101.A |
| Placed Rip Rap, Class 5 |
| CQ |
| CY |
| 30 |
| 25101.B |
| Placed Rip Rap, Class 5 |
| CQ |
| CY |
| 20 |
| 30307 |
| Roadway Reconditioning, compaction method B |
| CQ |
| MI |
| 6.73 |
| 32201 |
| Aggregate Base, grading C, compaction method B, haul and place |
| CQ |
| CY |
| 900 |
| 32202 |
| Pit-run, Max size 4", compaction method B |
| CQ |
| CY |
| 55 |
| 32203 |
| Pit-run, Max size 6" |
| CQ |
| CY |
| 270 |
| 55201.A |
| Structural Concrete Class A(AE) |
| LS |
| All |
| 55201.B |
| Structural Concrete Class A(AE) |
| LS |
| All |
| 61901 |
| Fence Installation |
| LF |
| 780 |
| 61902 |
| Cattle Guard Wings |
| LS |
| All |
| 63301 |
| Permanent Traffic Control |
| LS |
| All |
| 63501 |
| Temporary Traffic Control |
| LS |
| All |
| 64804.A |
| Stream Simulation, 5184 East Sheep Culvert |
| LF |
| 170 |
| 64804.B |
| Stream Simulation, 5182510 Sheep Creek Culvert |
| LF |
| 110 |
| 65101 |
| Development of Pits and Quarries |
| LS |
| All |
| Total Base Items |
| $ - |
Option 1: Drainage Culverts along 5184 & 5182
| 15901.1 |
| Reconstruction Staking |
| Each |
| 25 |
| 20301.1 |
| Removal of Obstructions, Disposal method A |
| Each |
| 20 |
| 60218.1 |
| 18" CMP, compaction method B |
| LF |
| 558 |
| 60224.1 |
| 28" x 20" CMPA, compaction method B |
| LF |
| 256 |
| 60236.1 |
| 42" x 29" CMPA, compaction method B |
| LF |
| 132 |
| 60248.4 |
| 57" x 38" CMPA, compaction method B |
| LF |
| 40 |
| Total Option 1 |
| $ - |
Option 2: Aggregate Crushing
| 15101.2 |
| Mobilization |
| LS |
| All |
| 32201.2 |
| Aggregate Crushing and Stockpiling, grading C |
| CQ |
| CY |
| 8000 |
| 65101.2 |
| Pit Development |
| LS |
| All |
| Total Option 2 |
| $ - |
Option 3: Aggregate Placement
| 20301.3 |
| Removal of Obstructions, Disposal method A |
| LS |
| All |
| 32201.3 |
| Aggregate Base, grading C, compaction method B, haul and place |
| CQ |
| CY |
| 8000 |
| 32202.3 |
| Pit-run, Max size 4", compaction method B |
| CQ |
| CY |
| 1650 |
| 61902.3 |
| Cattle Guard Adjustment |
| LS |
| All |
| Total Option 3 |
| $ - |
Option 4: Three Sided Concrete Box Culvert on FSR 5160
| 15101.4 |
| Mobilization |
| LS |
| All |
| 15204.4 |
| Construction Survey and Staking, 5160 Sheep Creek Culvert |
| LS |
| All |
| 15701.4 |
| Soil Erosion Control |
| LS |
| All |
| 15702.4 |
| Soil Erosion Control, Stream Bypass and Water Control |
| LS |
| All |
| 20101.4 |
| Clearing and Grubbing |
| LS |
| All |
| 20301.4 |
| Removal of Obstructions, Disposal method A |
| Each |
| 3 |
| 20401.4 |
| Excavation and Embankment, compaction method B |
| CQ |
| CY |
| 150 |
| 20901.4 |
| Structural Excavation |
| CQ |
| CY |
| 375 |
| 20903.4 |
| Structural Backfill, Compaction Method B |
| CQ |
| CY |
| 75 |
| 20907.4 |
| Foundation Fill, Compaction Method B |
| CQ |
| CY |
| 10 |
| 25101.4 |
| Placed Rip Rap, Class 5 |
| CQ |
| CY |
| 20 |
| 32201.4 |
| Aggregate Base, grading C, compaction method B, haul and place |
| CQ |
| CY |
| 80 |
| 32202.4 |
| Pit-run, Max size 4", compaction method B |
| CQ |
| CY |
| 150 |
| 55201.4 |
| Structural Concrete Class A(AE) |
| LS |
| All |
| 60218.4 |
| 18" CMP, compaction method B |
| LF |
| 36 |
| 61901.4 |
| Fence Installation |
| LS |
| All |
| 61902.4 |
| Cattle Guard |
| LS |
| All |
| 63301.4 |
| Permanent Traffic Control |
| LS |
| All |
| 63501.4 |
| Temporary Traffic Control |
| LS |
| All |
| 64804.4 |
| Stream Simulation, 5160 Sheep Creek Culvert |
| LF |
| 145 |
| Total Option 4 |
| $ - |
| Total Optional Items |
| $ - |
| Total Project Items |
| $ - |
SECTION K
PART IV--REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS
K-1. FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
www.arnet.gov/far/
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) PROVISIONS
| Provision Number |
| Title |
| Date |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications |
| DEC 2012 |
NOTE: Offerors should address questions concerning VETS-100 reporting and reporting requirements to the Office of Veterans Employment and Training Services offices at the following address:
U. S. Department of Labor
VETS-100 Reporting
4200 Forbes Blvd., Suite 202
Lanham, MD 20703
Telephone: (301) 306-6752
Website: www.vets100.cudenver.edu
Reporting Questions: HelpDesk@vets100.com
Reporting Verification: Verify@vets100.com
K-2. AGAR 452.219-70 SIZE STANDARD AND NAICS CODE INFORMATION (JAN 2005)
The North American Industrial classification System Code(s) and business size standard(s) describing the products and/or services to be acquired under this solicitation are listed below:
Contract line item(s):
All
--NAICS Code
237310
--Size Standard
$33.5 mil
The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
K-3. FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2016)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 237310.
(2) The small business size standard is $33.5 mil.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
□ (i) Paragraph (d) applies.
□ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.
(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(viii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(ix) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(x) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xi) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvi) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.
(xvii) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xviii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.
(xix) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xx) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.
(xxi) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.
(xxii) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
__ (i) 52.204-17, Ownership or Control of Offeror.
__ (ii) 52.204-20, Predecessor of Offeror.
__ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
__ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.
__ (v) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
__ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated Products (Alternate I only).
__ (vii) 52.227-6, Royalty Information.
__ (A) Basic.
__(B) Alternate I.
__ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. 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.
FAR Clause # Title Date Change
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 on SAM.
(End of provision) K-4. Government Employees, Former USDA Employees, and USDA Retirees
The offeror/quoter represents and certifies that--
(a) It is, is not a current Federal Government employee.
(b) It is, is not a former USDA EMPLOYEE.
(c) It is, is not a retired USDA employee. If retired, give date of retirement________
(d) It is, is not related to a current Forest Service employee on the Blue Mountain Acquisition Management Area. If so, list employee's name and location. __________________
(e) The firm is, is not substantially owned or controlled by a former USDA employee or retiree.
K-5. FAR 52.204-17 Ownership or Control of Offeror (NOV 2014)
(a) Definitions. As used in this provision–
“Commercial and Government Entity (CAGE) code” means–
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Contractor and Government Entity (CAGE) Branch to identify a commercial or government entity, or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Contractor and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as an NCAGE code.
“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.
(b) The Offeror represents that it has or does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.
(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:
Immediate owner CAGE code: ____________________
Immediate owner legal name: ______________________
(Do not use a “doing business as” name)
Is the immediate owner owned or controlled by another entity?: Yes or No.
(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:
Highest-level owner CAGE code: ___________________
Highest-level owner legal name: ___________________
(Do not use a “doing business as” name)
K-6. FAR 52.209-5 Certification Regarding Responsibility Matters (OCT 2015)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—
(i) The Offeror and/or any of its Principals—
(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);
(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples.
(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(ii) The Offeror has o has not o , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
K-7. AGAR 452.209-70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction (Deviation 2012-01) (FEB 2012) Alternate I (FEB 2012)
(a) Awards made under this solicitation are subject to the provisions contained sections 433 and 434 in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, as amended and/or subsequently enacted, regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation.
(b) The Offeror represents that –
(1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.)
If the Offeror checked “is” above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked “is not” above, Offeror may leave the remainder of the representation blank.
(2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer.
(ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer.
(3) The Offeror does [ ], does not [ ] (check one) have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
K-8. FAR 52.223-1 Biobased Product Certification (MAY 2012)
As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.
�*Contracting Officer shall fill in the blanks with appropriate information for the contract line items in the solicitation. If needed the lines may be duplicated as required to describe all contract line items or sub-line items.
�Required in all solicitations that include the provision FAR 52.204-16.
�Use if over SAT
�NOTE: Use in conjunction with 52.223-2 unless the contract will not involve the use of USDA-designated items at http://www.usda.gov/biopreferred or 7 CFR Part 2902
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