AG04T0S150023Amendment1.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

#1 5/15/2015 743106

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

US Forest Service 3200 SW Jefferson Way Corvallis, OR 97331

US Forest Service 3200 SW Jefferson Way Corvallis, OR 97331

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State, and ZIP Code) (X) 9A. AMENDMENT OF SOLICITATION NO.

AG-04T0-S-15-0023

9B. DATED (SEE ITEM 11)

05/15/2015

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

(X) A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN

THE CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return 1 copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.

Amendment #1: See schedule of items attached. Change Browns Homestead from Mowing w/tracks to Handwork. Update Statement of work to reflect change in the number of acres of mowing with tracks to 14 acres and handwork to 16 acres.

Evaluation Section, State Licensing Requirements for Oregon State: Update BOLI license provision to reflect there are NO EXEMPTIONS from this requirement. Contact BOLI office to get clarification in this matter: 503-373-1463.

THIS MODIFICATION CONSTITUTES FULL ACCORD AND SATISFACTION FOR THE ITEMS DESCRIBED HEREIN.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

/s/ Paula S. Winningham

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Paula S. Winningham 5/15/2015 (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

Previous edition unusable

30-105 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

Continuation of SF-1449

SCHEDULE OF ITEMS

Stewardship-CCRD Meadow Maintenance and Habitat Restoration Counties: Lincoln, Lane and Douglas Counties

ITEM NO.

SUPPLIES/SERVICES

QUANITY

UNIT

UNIT

PRICE

AMOUNT

MOWING: TRACKS ARE OPTIONAL

1.1 Blackberry Meadow 9 Acres $ _______ $ __________

1.2 Cape Mt 3 Acres $ _______ $ __________

1.3 Eaton’s Complex 6 Acres $ _______ $ __________

1.4 Enchanted Valley 46 Acres $ _______ $ __________

1.5 Five Rivers Complex 29 Acres $ _______ $ __________

1.6 Fivemile Bell 20 Acres $ _______ $ __________

1.7 Gopher Creek Complex 15 Acres $ _______ $ __________

1.8 Hilltop 15 Acres $ _______ $ __________

1.9 Lily Lake 10 Acres $ _______ $ __________

1.10 Mann Creek Complex 10 Acres $ _______ $ __________

1.11 Preacher Creek 1 Acres $ _______ $ __________

1.12 Taylors 12 Acres $ _______ $ __________

1.13 Tenmile Complex 11 Acres $ _______ $ __________

1.14 Vader Meadow 2 Acres $ _______ $ __________

1.15 West Fork Deadwood 3 Acres $ _______ $ __________

TOTAL FOR ITEM #1

192 Acres $ __________

Equipment w/Operator

2 MOWING WITH TRACKS ON EQUIPMENT

2.1 Browns Homestead 7 Acres $ _______ $ __________

2.2 SW Upland Enchanted Valley 4 Acres $ _______ $ __________

2.3 Upper Bailey 10 Acres $ _______ $ __________

TOTAL FOR ITEM #2

14 Acres $ __________

3.1 3.2 3.3 3.4

HANDWORK REQUIRED

Robnet/Canal Creek Lower Mann Creek Handwork Upper Mann Creek Handwork Browns Homestead

TOTAL FOR ITEM #3

Acres

TOTAL ALL ITEMS

Contractor Fill-in:

DUNS NUMBER __________________________ TIN NUMBER ___________________________

EMAIL ADDRESS _________________________________

ATTACHMENT 1

STATEMENT OF WORK

1. SCOPE OF CONTRACT

The intent of this solicitation is to provide services, equipment, and labor necessary for maintaining or restoring animal populations that need meadow habitat on the Central Coast Ranger District – Oregon Dunes National Recreation Area. The primary focus of treatments is controlling unwanted vegetation in or adjacent to meadows. Unwanted vegetation includes but is not limited to non-native grasses, fern, blackberry, shrubs, and small trees. Portions of some meadows are steep and will require good traction to complete treatments.

Treatment methods vary depending on type of vegetation to be removed and the ability to access sites with machinery. Treatment methods can include machine mowing, track mowing, and handwork. Machine mowing is generally used where machinery has access and the unwanted vegetation can be treated with a tractor mower on wheels or tracks (grass and small shrubs, blackberry, trees, etc.). Tracked mowing is generally required where terrain or slope of the meadow or access into is such that tracks may be necessary to access or complete the mowing. Handwork is used where machinery does not have access.

The amount of effort needed to control unwanted vegetation varies by site. SEE DETAILED UNIT INFORMATION SHEET (DUIS) FOR SITE SPECIFIC TREATMENT NEEDS, and SEE PROJECT AREA MAPS FOR WORK SITE LOCATIONS. For this solicitation the government expects 192 acres of tractor mowing (tracks optional), 14 acres of mowing with tracks required on equipment, and 16 acres of handwork required mowing.

The Contractor shall furnish all labor, supervision, equipment, materials, transportation, supplies, (unless specified elsewhere as Government-furnished) and incidentals required to accomplish the work.

2. PROJECT LOCATION AND DESCRIPTION

The project work area is located on the Siuslaw National Forest, Central Coast Ranger District – Oregon Dunes National Recreation Area (CCRD-ODNRA). Vicinity maps showing project location are attached.

Project area maps will be available at the Central Coast/ODNRA District Office in Waldport upon request.

Other information regarding specific units are contained in the Detail Unit Information Sheet, and Project Location and Access Directions.

3. ACCESSIBILITY

Most work areas may be reached by a standard two-wheel drive pickup during normal operating seasons.

Some units; however, may require a four-wheel drive vehicle.

No vehicles shall be permitted to operate off system roads without approval of the Contracting Officer.

Inaccessibility due to snow, fallen trees, road conditions, slides or washouts on roads may or may not be corrected at the option of the Government. If a road is not accessible, the Government may, under the Changes Clause (1) provide an alternate access route; (2) delete the inaccessible unit(s) or; (3) substitute similar unit(s) or (4) negotiate a cost adjustment for change in access. Access routes that have overgrown vegetation or down trees hindering meadow access may require additional work to provide route clearance for necessary equipment. Knowledge of such areas will be the responsibility of the contractor and any additional work should be incorporated into bids.

Where roads are very wet or saturated due to runoff or unseasonable weather conditions, road conditions may dictate the need to delay use of some road segments in order to ensure no damage to the road, drainage structures, or the adjacent environment.The Contractor may request entry on road closures through the appropriate Ranger District office. Approval for use of closed roads in the project(s) area will be determined on a case-by-case basis by the District Ranger. No vehicle access is permissible on closed roads prior to

FAR 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:

1. Past Performance

2. Equipment and Personnel

3. Quality Control Plan/Progress Work Schedule

4. Stewardship

5. Use of Biobased Products

(b) 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.

EVALUATION CRITERIA

Responses to evaluation factors shall be submitted on a separate document.

1. Contractor Past Performance

Provide a listing of your projects for the past three-year period, which most closely relate to the type of work in this solicitation. Include a description of the project, the dates of performance, the company name, the name of a contact person/s, and their telephone number. If you will utilize subcontractors, include their past performance too. Provide a description of your labor intensive practices with regard to worker safety and protection - specifically Personal Protective Equipment, training in safe use of equipment, and transportation/motor vehicle safety. Additionally, describe your internal controls to ensure Wage and Payroll standards are being met and describe your efforts to keep employees abreast of these laws.

If you have failed to complete any project in the last three-year period, provide any information regarding the cause or remedy of that particular situation.

2. Equipment and Personnel

The Contractor shall obtain the Contracting Officer's approval of the machinery and mechanical and other equipment to be incorporated into the work. For evaluation purposes, furnish the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment you intend to use on this project. See page 27 – Performance Standards, for specifics related to equipment.

Provide a listing of your in-house capabilities (personnel) and the work you intend to subcontract.

3. Quality Control Plan and Progress Work Schedule The Contractor shall provide a Quality Control Plan (QCP) and also describe the Contractor’s commitment and availability to meet the specified timeframe for this project.

4. Stewardship

The ability of Offerors to enhance local employment opportunities will be evaluated based upon the following ratings. “Place of operation” is defined as the Contractor’s address for normally doing business on a year-to-year basis. Credit for recruitment, employment, or utilization of labor or subcontractors will be evaluated, along with positive economic impact by spending in the Siuslaw Stewardship Area, which is described below as the “defined local area”. See Stewardship Local Area Map.

Describe the following: List your permanent place of operation (County, City, State). List the geographic location (County, City, State) of your employees or subcontractors (specify if they are employees or subcontractors, or identify all if you are using both to establish a workforce). Describe your efforts to benefit the local area through spending and identify what you intend to purchase outside the area to help evaluators understand possible limitations.

Rating Description High Rating Prime Contractor’s permanent place of operation is inside the defined local area.

Contractor’s employees or subcontractors reside in the defined local area. In addition, Contractor commits to spending within the local area (examples: lodging, food, fuel, and supplies/equipment, etc.).

Satisfactory Rating Prime Contractor’s permanent place of operation is outside the defined local area.

Contractor’s employees or subcontractors reside in the defined local area. In addition, Contractor commits to spending within the local area (examples: lodging, food, fuel, and supplies/equipment, etc.).

Low Rating Prime Contractor’s permanent place of operation is outside the defined local area and their employees or subcontractors reside outside the local area. Contractor commits to spending within the local area (examples: lodging, food, fuel, and supplies/equipment, etc.).

5. Use of Biobased Products

As required by FAR 52.223-2, biobased products must be used in performance of this contract. Contractor shall describe current or past performance experience with the use of biobased products. For the purposes of this contract, the Contractor shall include a list of products intended for use on this contract. Identify each product’s biobased content percentage and the product’s intended use.

Rating Description Acceptable Proposal clearly states the utilization of biobased products, list of products, certification, and operation plan.

Unacceptable Proposal does not clearly state the utilization of biobased products, does not include a list of product, lacks certification, and is lacking in clear understanding of operation plan.

Contractor Fill-In:

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 [ ] has, [ ] has not taken a voluntary separation incentive payment (also known as a buy out).

(e) It [ ] is, [ ] is not related to a current Forest Service employee on any forest service unit. If so, list employee's name and location. __________________________________________.

(f) The firm [ ] is, [ ] is not substantially owned or controlled by a former USDA employee or retiree.

Contractor Fill-In:

STATE LICENSING REQUIREMENTS FOR OREGON STATE

In accordance with the responsibility for obtaining necessary licenses and permits (reference Permit and Responsibilities), Contractors shall supply their State of Oregon Farm/Forest Labor Contractor's License Number(s) in the space below. Each partner in a partnership must be licensed.

Valid State of Oregon Farm/Forest Labor Contractor's License Number(s): # ______________________

Contractors not currently having a license who are required by Oregon law to be licensed, will be requested to furnish proof of having obtained a license (for each partnership) prior to issuance of the Notice to Proceed.

Failure to provide proof of license prior to Notice to Proceed will result in termination of the Contractor's right to proceed for default for failure to comply with applicable State law. Partnerships must furnish proof of registration of their assumed business name, if any, with the State of Oregon.

Information on obtaining this license may be obtained from:

Julie Robertson, Administrative Specialist, Telephone: 503.373.1463 Farm Forest Contracts Licensing

Wage and Hour Division State of Oregon

3865 Wolverine Street NE Bldg. E-1 Salem, OR 97305-1268

The internet site is located at http://www.oregon.gov/BOLI/WHD/FFL/W_FFL_Finfo.shtml

If you are exempt from the Oregon Farm/Forest Labor Contractor's License you MUST fill in below and sign.

EXEMPTIONS FROM LICENSE – THERE ARE NO EXEMPTIONS (Amendment #1, 5/15/15)

I am exempt from the Oregon Farm/Forest Labor Contractor's License for the following reason(s):

Signature of Contractor Date

Contractor Fill-In:

FEDERAL MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION ACT

REGISTRATION

In compliance with the Migrant and Seasonal Agricultural Worker Protect Act (MSPA) (29 USC 1801-1872;

5 CFR 500), the offeror/quoter certifies that he/she:

[ ] Has been issued MSPA Registration Number ____________________.

[ ] Has applied for a MSPA Registration Number.

[ ] Has not applied for a number.

[ ] Is not required to register because the offeror/quoter does not employ anyone other than immediate family members (parents, children, brothers and sisters).

[ ] Is not required to register because the individual only engages in farm labor contracting activity on behalf of a farm, processing establishment, seed conditioning establishment, cannery, gin, packing shed, or nursery, which is owned or operated exclusively by such individual or and immediate family member.

Any employer who hires or anticipates hiring employees subject to MSPA and who anticipates bidding/quoting on a federal contract now or in the future must submit an application to obtain a registration number.

Information about Migrant and Seasonal Agricultural Worker Protection Act (MSPA) along with the application form (and other WH forms) are located at: http://www.dol.gov/whd/mspa/index.htm

Applications requesting a registration number for a Farm Forest License shall use the following forms: WH- 530 Application, WH-514 Vehicle Mechanical Inspection, WH-515 Doctor’s Certificate and fingerprints.

The fingerprint cards cannot be downloaded; and therefore, the Farm Labor applicant must contact DOL at the number listed below to obtain the cards. In addition, other forms may be required.

Completed forms should be mailed to the U.S. Department of Labor Office, shown below.

U.S. Department of Labor Wage and Hour Division

90th Seventh Street, Suite 13-100 San Francisco, CA 94103

Phone: 415.625.7700

Questions concerning the application should be directed to the the Department of Labor office listed above.

A valid U.S. Department of Labor Registration Number must be supplied to the Contracting Officer prior to issuance of a “Notice to Proceed” with the work. Failure to provide a legitimate number within ten (10) days of award is grounds for termination of the contract.

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 part 3201, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the http://www.dol.gov/whd/mspa/index.htm https://www.acquisition.gov/far/current/html/%20http:/uscode.house.gov/ https://www.acquisition.gov/far/current/html/%20http:/uscode.house.gov/ offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements. (End of provision)

FAR 52.252-5 -- AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)

(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.

(b) The use in this solicitation of any Department of Agriculture's (USDA) Acquisition Regulation (48 CFR Chapter 4) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

AGAR 452.209 – 70 - REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION (DEVIATION 2012-01) -

Alternate 1 (Feb 2012)

Contractor Fill-In:

(a.) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 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.

(End of Provision)

FAR 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (MAR 2015)

Contractor Fill-In:

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.

(a) Definitions. As used in this provision— “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 http://www.acquisition.gov/ http://uscode.house.gov/ http://uscode.house.gov/

Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

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

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

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

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

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

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

(6) Have been voluntarily suspended.

“Sensitive technology”—

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

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

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

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

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

(1) Means a small business concern—

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

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

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

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

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

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

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

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

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

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of 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 citizens of the United States.

(b)

(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM 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 (p) 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.

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(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 o is, o 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 o is, o is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility;

and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production

(by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) 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 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 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 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html%23wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html%23wp1192900

(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] https://www.acquisition.gov/sites/default/files/current/far/html/FARTOCP25.html%23wp225048 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html%23wp1169038

(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:

Line Item No. Country of Origin

[List as necessary]

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

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

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

Other End Products:

Line Item No. Country of Origin

[List as necessary]

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

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

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

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

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

(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 $3,000 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…