ReturnPacket.docx

AG-04N7-S-14-0015

Refuse Collection and Disposal North Umpqua and Diamond Lake RD, Umpqua National Forest

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

663462

PAGE 1 OF

2. CONTRACT NO.

RFQ AG-04N7-S-14-0015

6. SOLICITATION ISSUE

DATE

February 24, 2014

Linda C. Harmon, Contracting Officer

b. TELEPHONE NUMBER (No collect calls)

(541) 618-2021

8. OFFER DUE DATE/

LOCAL TIME

March 24, 2014

USDA Forest Service Rogue River Siskiyou National Forest Service 3040 Biddle Road Medford, O 97504

|_| SMALL BUSINESS |_| WOMAN –OWNED SMALL BUSINESS (WOSB)

|_| HUBZONE SMALL BUSINESS ELIGIBLE UNDER THE WOMEN OWNED SMALL

BUSINESS PROGRAM

|X| SERVICE DISABLE VETERAN- |_| EDWOSB-

VETERAN-OWNED SMALL

BUSINESS |_| 8(A)

NAICS Code 562111 Size Standard $ 35.5 million

11. DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS MARKED

|X| SEE SCHEDULE

12. DISCOUNT TERMS

14. METHOD OF SOLICATION

|X| RFQ |_| IFB |_| RFP

Umpqua National Forest North Umpqua/Diamond Lake RD 2020 Toketee Ranger Station Road Idleyld Park, OR 97447

See Block 9

17a. CONTRACTOR/ OFFERER

TELEPHONE NO. DUNS #____________________

FAX NO.

E-Mail Address: ________________________ 18a. PAYMENT WILL BE MADE BY

USDA, OCFO, COD, APB

PO Box 60075 New Orleans, LA 70160

|_| 17b CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH

ADDRESS IN OFFER

18b. SUMBIT INVOICES TO ADDRESS SHOWN IN BLOCK 18A UNLESS BLOCK BELOW IS CHECKED |_| SEE ADDENDUM

19.

ITEM NO

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Refuse Collection and Disposal Umpqua National Forest North Umpqua and Diamond Lake Ranger District Douglas County, Oregon

25. ACCOUNTING AND APPROPRIATION DATA

JOB CODE

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5. |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED

|_| 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ONE

COPY TO ISSUING OFFICE, CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN |_| 29. AWARD OF CONTRACT: REFERENCE RFQ AG-05G1-S-12-00XX OFFER DATED . YOUR OFFER ON SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN , IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

31a. UNITED STATES OF AMERICA (Signature Of Contracting Officer)

30b. NAME AND TITLE OF SIGNER (Type or Print)

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (Rev. 2/2012) Prescribed by GSA-FAR (48CFR 53.212

Refuse Collection and Disposal North Umpqua and Diamond Lake RD, Umpqua National Forest

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

This solicitation is Set Aside for Service-Disabled Veteran-Owned Small Businesses

Quoters are requested to place their offers on the Schedule of Items in Section B.

Return to the address in block 9. On your sealed envelope, please write RFQ AG-04N7-S-14-0015, due March 19, 2014.

Quotations submitted are considered to be confidential. The name of the Contractor and the amount of the contract will be disclosed only after an award is made.

NOTE: Offerors MUST register in the System for Awards Management (SAM.gov) data base.

Resulting contract will be a Firm-Fixed Price Type Contract

DUNS:___________________________

EMAIL:___________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

|_| RECEIVED |_| INSPECTED |_| ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ________________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

CORRECTFOR

36. PAYMENT

|_| COMPLETE |_| PARTIAL

|_| FINAL

37. CHECK NUMBER

|_| PARTIAL

|_| FINAL

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER

FOR PAYMENT

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

STANDARD FORM 1449 (REV.2/2012) BACK

Refuse Collection and Disposal North Umpqua and Diamond Lake RD, Umpqua National Forest

SECTION B--SUPPLIES OR SERVICES AND PRICES/COSTS

SCHEDULE OF ITEMS

Refuse Collection and Disposal Services North Umpqua and Diamond Lake Ranger Districts Umpqua National Forest

BASE YEAR

Award Date through March 31, 2015

Diamond Lake Ranger District 43 containers at 15 Rec and Admin Sites Diamond Lake Campground North End (8), Diamond Lake Campground South End (9), Diamond Lake Campground Gatehouse (1), Poole Creek Campground-Lakeside and Upper (4), Poole Creek Campground Reserved (1), East Lemolo Campground (1), South Shore Boat Ramp (1), North End Boat Ramp (1), Thielsen View Campground (5), Broken Arrow Campground East (6), Broken Arrow West (2), Forest Service Compound (3), Umpqua Hot Springs (1)

ST

North Umpqua Ranger District 10 containers at 7 Rec Sites Boulder Flat Campground (1), Eagle Rock Campground (1), Horseshoe Bend Campground (3), Mott Bridge Wayside (1), Bogus Creek Campground (2), Gravel Bin takeout (1), Steamboat Ball Field (1).

1 container at Steamboat Bunk House

ST

Base Year - Base Items – Total Quote Line Items (01-03)

TOTAL

BASE YEAR

OPTIONAL ITEMS – ITEMS 04-06

Diamond Lake Ranger District

a. Toketee Lake Campground - 2 containers

b. Upper Poole Creek - 2 containers

Total Option line 04

a. Island Campground - 1 container

b. Boulder Flat Campground - 1 container

Total Option line 05

Recycling at all bin locations

Base Year - Total Quote (Line Items 1-6)

ST= Service Trip - The term “Service Trip” is defined as disposal of one container per day.

All quantities are estimated

Performance time is estimated to be: Mid April through October each year.

OPTION YEAR 1

April 1, 2015 through March 31, 2016

43 containers at 15 Rec and Admin Sites Diamond Lake Campground North End (8), Diamond Lake Campground South End (9), Diamond Lake Campground Gatehouse (1), Poole Creek Campground-Lakeside and Upper (4), Poole Creek Campground Reserved (1), East Lemolo Campground (1), South Shore Boat Ramp (1), North End Boat Ramp (1), Thielsen View Campground (5), Broken Arrow Campground East (6), Broken Arrow West (2), Forest Service Compound (3), 10 containers at 7 Rec Sites Boulder Flat Campground (1), Eagle Rock Campground (1), Horseshoe Bend Campground (3), Mott Bridge Wayside (1), Bogus Creek Campground (2), Gravel Bin takeout (1), Steamboat Ball Field (1).

ST

1 container at Steamboat Bunk House

ST

Option Year 1 – Base Items Total Quote (Line Items 7-9)

OPTION YEAR 1 - ITEMS 10-12 ARE OPTIONAL ITEMS

Total Option line 11

Total Option line 12

Option Year 1 - Total Quote (Line Items 07-12)

ST= Service Trip - The term “Service Trip” is defined as disposal of one container per day.

Qty

OPTION YEAR 2

April 1, 2016 through March 31, 2017

43 containers at 15 Rec and Admin Sites Diamond Lake Campground North End (8), Diamond Lake Campground South End (9), Diamond Lake Campground Gatehouse (1), Poole Creek Campground-Lakeside and Upper (4), Poole Creek Campground Reserved (1), East Lemolo Campground (1), South Shore Boat Ramp (1), North End Boat Ramp (1), Thielsen View Campground (5), Broken Arrow Campground East (6), Broken Arrow West (2), Forest Service Compound (3), 10 containers at 7 Rec Sites Boulder Flat Campground (1), Eagle Rock Campground (1), Horseshoe Bend Campground (3), Mott Bridge Wayside (1), Bogus Creek Campground (2), Gravel Bin takeout (1), Steamboat Ball Field (1).

ST

1 container at Steamboat Bunk House

ST

Option Year 2 – Base Items Total Quote (Line Items 13-15)

Qty

OPTION YEAR 2 - ITEMS 16-18 ARE OPTIONAL ITEMS

Total Option line 18

Total Option line 19

Option Year 2 - Total Quote (Line Items 13-18)

ST= Service Trip - The term “Service Trip” is defined as disposal of one container per day.

Qty

OPTION YEAR 3

April 1, 2017 through March 31, 2018

43 containers at 15 Rec and Admin Sites Diamond Lake Campground North End (8), Diamond Lake Campground South End (9), Diamond Lake Campground Gatehouse (1), Poole Creek Campground-Lakeside and Upper (4), Poole Creek Campground Reserved (1), East Lemolo Campground (1), South Shore Boat Ramp (1), North End Boat Ramp (1), Thielsen View Campground (5), Broken Arrow Campground East (6), Broken Arrow West (2), Forest Service Compound (3), 10 containers at 7 Rec Sites Boulder Flat Campground (1), Eagle Rock Campground (1), Horseshoe Bend Campground (3), Mott Bridge Wayside (1), Bogus Creek Campground (2), Gravel Bin takeout (1), Steamboat Ball Field (1).

ST

1 container at Steamboat Bunk House

ST

Option year 3 - Base Items Total Quote (Lines 22-24)

Qty

OPTION YEAR 3 - ITEMS 22-24 ARE OPTIONAL ITEMS

Total Option line 18

Total Option line 19

Option Year 3 - Total Quote (Line Items 19-24)

ST= Service Trip - The term “Service Trip” is defined as disposal of one container per day.

Qty

OPTION YEAR 4

April 1, 2018 through October 31, 2018

43 containers at 15 Rec and Admin Sites Diamond Lake Campground North End (8), Diamond Lake Campground South End (9), Diamond Lake Campground Gatehouse (1), Poole Creek Campground-Lakeside and Upper (4), Poole Creek Campground Reserved (1), East Lemolo Campground (1), South Shore Boat Ramp (1), North End Boat Ramp (1), Thielsen View Campground (5), Broken Arrow Campground East (6), Broken Arrow West (2), Forest Service Compound (3), Umpqua Hot Springs (1)

ST

10 containers at 7 Rec Sites Boulder Flat Campground (1), Eagle Rock Campground (1), Horseshoe Bend Campground (3), Mott Bridge Wayside (1), Bogus Creek Campground (2), Gravel Bin raft takeout (1), Steamboat Ball Field (1).

ST

1 container at Steamboat Bunk House

ST

Option Year 4 – Base Items Total Quote (Line Items 29-31)

Qty

OPTION YEAR 4 - ITEMS 28-30 ARE OPTIONAL ITEMS

Total Option line 32

Total Option line 33

Option Year 4 - Total Quote (Line Items 25-30)

ST= Service Trip - The term “Service Trip” is defined as disposal of one container per day.

Optional items will be awarded based on availability of funding at time of award for base items, if options are exercised, they will be exercised at award of base year and each Option Year. Recycling estimated quantity will be adjusted based on items awarded.

Estimated Start work date is: April 15, 2014.

Estimated Period of performance is: Mid April to October 31 each year.

Services are required throughout the heavy-use recreation season. Normal recreational season is mid April through October of each year. Actual performance period will depend on weather conditions at the site for opening of the sites for the recreational season.

Contract Time is from Date of Award through March 31, 2015 with Four Optional Years.

CONTRACT TYPE

This is a single award Fixed Price contract for a Base Period and four (4) possible Option Periods for the services specified (FAR Clause 52.217-9).

BASE PERIOD – Date of Award through March 31, 2015

For technical questions, contact Kevin Woods (541) 498-2531.

Quotations shall be submitted for the total item. Quotations for less than the total item will not be considered. Awards will be made by all or none.

NOTE: Quoter MUST register in the Central Contractor Registration (CCR) data base – See FAR 52.212-4 (t) and Online Representations and Certifications Applications (ORCA) – See FAR clause 52.212-3. These are now consolidated at the following site: https://www.sam.gov/portal/public/SAM/

If Contract award is for a value of $100,000 or more, the Contractor must also be registered with VETS-100, website: http://www.vets100.com. Contractors and subcontractors who have received an award of $100,000 or more must use form VETS-100A, Federal Contractor Veterans’ Employment Report, to submit the required reports (see https://webapps.dol.gov/vets100). See also FAR 52.222-37 Employment Reports on Veterans

The Government will give 60 days notice prior to exercising options. However, Notice of Intent does not obligate the government to exercise Option Years. See 52.217-9 - Option to Extend the Term of the Contract and FAR Clause 52.217-5 – Evaluation of Options.

NOTE: Quoters shall complete Section E including the Questionnaire in Section E to receive full consideration for award – See 52.212-1, Instructions to Offerors - Commercial Items and 52.212-2 Evaluation - Commercial Items item.

This solicitation is set aside for Service Disabled Veteran Owned Small Businesses.

Evaluation for award – The Government will make award on an all-or-none basis in accordance with Section E - Instructions, Conditions, and Notices to Offeror, Provision 52.212-1, Instructions to Offerors - Commercial Items and 52.212-2 Evaluation - Commercial Items.

NEW ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS – The "Submit Invoice-to" address for USDA orders is the Department of Treasury's Invoice Processing Platform (IPP). The contractor must register and submit invoices via the electronic Invoice Processing Platform (IPP). The IPP website address is: https://www.ipp.gov.

SECTION E - SOLICITATION PROVISIONS INSTRUCTIONS, CONDITIONS, NOTICES TO QUOTERS AND EVALUATION FACTORS FOR AWARD

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/ www.usda.gov/procurement/policy/agar.html

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)

AGRICULTURE ACQUISITION REGULATIONS (48 CFR CHAPTER 4) CLAUSES

452.204-70 Inquiries (FEB 1988)

Addendum to 52.212-1 (a) and (e) as follows:

A. Price Proposal – Please complete Schedule B to provide your price quote.

B. Past Performance – Offeror’s are required to submit proof of sufficient past performance information to allow a determination that the Contractor can complete the work according to the specifications and in a timely manner.

C. Completed Package Note: Offer may submit their package with all items together in one bundle as follows:

· SF 1449 - Signed and dated

· Schedule B – Price quote

· Quality Assurance Plan

· Experience Questionnaire

· Past Performance information

Offers should be mailed or hand delivered to:

Rogue River-Siskiyou National Forest Service 3040 Biddle Road Medford, OR 97504 Quotations may also be faxed to: 541-618-2148 Note: Email quotes are NOT acceptable and will not be considered.

52.212-2 Evaluation – Commercial Items (Jan 1999)

(a) 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, price and other factors considered. The following factors shall be used to evaluate offers:

· Contractor's Technical Capability

· Contractor's Past Performance History

· Contractor's Pricing

Technical Capability and Past Performance are generally more important than price, provided the price proposal is deemed reasonable.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

Basis of Award

This is a Request For Quotes (RFQ) only. Any work resulting from this RFQ will be covered by a Purchase Order or other Award document. It is the intent of the Government to award a single contract for the entire 5 operational seasons of work specified.

Award Determination & Evaluation Factors

The Government will issue an order as a result of this Request For Quotations to the responsible quoter whose quote conforming to the solicitation will be the best value for the Government, price and other factors considered. Other factors to be considered will include, but are not limited to:

· Contractor's Technical Capability

· Contractor's Past Performance History

· Contractor's Pricing

Technical Capability and Past Performance are generally more important than price, provided the price proposal is deemed reasonable.

The Government may reject any or all quotes, issue orders to other than the lowest quote, and waive minor informalities or irregularities in quotes received. If necessary, the Government may conduct discussions with any quoter.

The Government may issue an order on the basis of quotes as received, without entering into discussions with any quoters. Therefore, each initial quote should contain the quoter's best terms.

It is intended that award will be made on an all or none basis.

SOLICITATION REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF QUOTERS

FAR 52.212-3 Offeror Representations and Certifications--Commercial Items (NOV 2013)

An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at https://www.acquisition.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

(a) Definitions. As used in this provision:

“Economically disadvantaged -owned small business (EDWOSB) concern” means a small business concern at least 51 percent directly and unconditionally owned be, 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 woman-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.

“Inverted domestic corporation” as used in this section means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b) applied in accordance with the rules and definition of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except:

(1) FSC 5510, Lumber and Related Basic Wood Materials;

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“Restricted business operations” means business operation in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined 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 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;

(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, 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.

“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.

“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 in 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 its stock 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 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.

“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 citizen 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 posted on the Online Representations and Certifications Application (ORCA) website.

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at https://www.acquisition.gov. After reviewing the ORCA database 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 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 paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (o) 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 ORCA.]

(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, for general statistical purposes, 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 WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects it 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 in reference to the WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns 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) concerns. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB concern eligible under the WOSB Program in paragraph (C )(6) of this provision.] The offeror represents that—

(i) It [ ] is, [ ] is not an EDWOSB concern has provided all the required documents to WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects it 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 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 represented 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) (Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program-Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.)

(i) General. The offeror represents that either --

(A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon who the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture:____________].

(11) 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 change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration 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) (11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the HUBZone joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the 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 Order 11246—

(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 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 Act Certificate. (Applies only if Federal Acquisition Regulation (FAR) clause 52.225-1, Buy American Act - 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 Act—Supplies.”

(2) Foreign End Products:

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

(g)(1) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act—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 Act-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 Act—Free Trade Agreements—Israeli Trade Act”:

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

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitle “Buy American Act – North American Free Trade Agreement – 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 products.”

Other Foreign End Products:

(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. 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 Act – Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

(3) Buy American Act – 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 Act – Free Trade Agreements—Israeli Trade Act”:

Canadian or Israeli End Products:

(4) Buy American Act – 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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act – Free Trade Agreements—Israeli Trade Act”:

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

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

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

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

Other End Products:

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

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

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

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

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

(4) [ ] Have, [ ] have not within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceed $3,000 for which the liability remain 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 tack 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 a 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 the Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

(2) Certification. [If the Contracting Officer has identified end product 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 certified that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—

(1) [ ] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or

(2) [ ] Outside the United States.

(k) Certificates regarding exemptions from the application of the Service Contract Act.