20160308_MEXICAN_SPOTTED_OWL_SURVEYS_SantaCatalina_Mountains_SOW1_FINAL_26APR16.pdf

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PILOT PROJECT: MSO Surveys Santa Catalina Mountains Sol #AG-8197-S-16-0008 IDIQ Biological Survey Services Coronado National Forest

Survey

TOTAL ITEMS 001 – 005 $

SCHEDULE OF SERVICES

PILOT PROJECT:

Mexican Spotted Owl Surveys: Santa Catalina Mountains

ITEM NO.

DESCRIPTION

MSO SURVEY, Base Period

UNIT PRICE

lump sum

AMOUNT

Contract Award to 02/28/2017

02 MSO SURVEY, Option Period I

03/01/2017to 02/28/2018 lump sum $

03 MSO SURVEY, Option Period II

03/01/2018 to 02/29/2019 lump sum $

04 MSO SURVEY, Option Period III

03/01/2019 to 02/28/2020 lump sum $

05 MSO SURVEY, Option Period IV

03/01/2020 to 02/28/2021 lump sum $

OPTIONAL CONSULTANT HOURLY RATE $ _______

PILOT PROJECT: MSO Surveys Santa Catalina Mountain

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MINIMUM REQUIREMENTS for RESPONSE to THIS SOLICITATION

➢ Respond with the complete RETURN PACKAGE for the PILOT PROJECT:

• 1. PILOT PROJECT Schedule of Items Price Proposal

• 2. Proposal Addressing the Evaluation Factors for PILOT PROJECT Award (See Page 11-12)

➢ Provide your DUNS Number

➢ Have active, complete vendor record for the DUNS number above in the System for Award

Management (SAM) https://www.sam.gov

➢ Authorized Certificate of Eligibility for the Federal Woman Owned Small Business Program

(Preferred) or Self Certification as a WOSB in SAM (See below and FAR Part 19.5)).

WOSB Federal Contracting Program Third Party Certifiers (TPC)

Only SBA-approved Third Party Certifiers (TPC) can give you an authorized “certificate” of eligibility as a WOSB or EDWOSB. There are currently four SBA-approved TPCs. They are:

El Paso Hispanic Chamber of Commerce

National Women Business Owners Corporation

US Women’s Chamber of Commerce

Women’s Business Enterprise National Council (WBENC)

For more information: Questions? Email us at: wosb@sba.gov (link sends e-mail)

4 Steps to participate in the WOSB Federal Contracting Program:

1. Register and represent your status in the System for Award Management (SAM) as WOSB or EDWOSB.**

2. Log onto SBA’s General Login System (GLS). *Obtain an account now if you don’t already have one

3. Go to the WOSB program repository (through GLS) and upload all required documentation.

4. Update your profile in the System for Award Management (SAM) to certify that you I uploaded all required documentation.

WOSB Program Repository

To access the WOSB Program Repository, users must first login to SBA’s General Login System (GLS). If you do not have an account:

Log onto SBA’s General Login System (GLS)

Click on “Instructions for GLS” for information on how to request an account

Go to “Request SBA User ID” to create an account

Once you are logged into GLS, click the “Access” button at the top of the screen. Then select “Women-Owned Small Business Program Repository” and press submit. You should then be able to access the repository. Once you are in the repository, you can click the “Help” button at the top of the screen for instructions on how to use the repository.

**A complete list of required documents to upload to the Repository can be found in the Compliance Guide for the WOSB

Program . All eligible WOSBs and EDWOSBs who would like to participate in this program must complete and sign the WOSB or EDWOSB certification form below and upload it into the repository. WOSB Certification (SBA Form 2413) EDWOSB Certification (SBA Form 2414) http://www.sam.gov/ http://www.ephcc.org/ http://www.nwboc.org/ http://www.uswcc.org/certification http://www.wbenc.org/ mailto:wosb@sba.gov http://www.sam.gov/ https://eweb.sba.gov/gls https://eweb.sba.gov/gls https://eweb.sba.gov/gls https://www.sba.gov/sites/default/files/files/WOSB%20Compliance%20Guide_April2011.pdf https://www.sba.gov/sites/default/files/files/WOSB%20Compliance%20Guide_April2011.pdf https://www.sba.gov/content/women-owned-small-business-wosb-program-certification https://www.sba.gov/content/women-owned-small-business-wosb-program-certification-edwosbs https://get.adobe.com/reader/

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MANDATORY (FAILURE TO COMPLETE THIS SECTION WILL REMOVE THE OFFER FROM

FURTHER CONSIDERATION):

AGAR 452.209 – 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction, Alternate 1 (Feb 2012)

(ii.) 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.

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AGAR 452.209-71ASSURANCE REGARDING FELONY CONVICTION OR TAX

DELINQUENT STATUS FOR CORPORATE APPLICANTS, Alternate 1 (Feb 2012)

(a) ) This award is 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. Accordingly, by accepting this award the contractor acknowledges that it –

(1) does not have a tax delinquency, meaning that it is not subject to 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, and

(2) has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the United States Department of Agriculture has considered suspension or debarment of the awardee, or such officer or agent, based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government.

(b) If the awardee fails to comply with these provisions, the Forest Service may terminate this contract for default and may recover any funds the awardee has received in violation of sections

433 or 434.

*Vendor Certification of Offer & Submissions for this RFP*

COMPANY NAME:

AUTHORIZED TO SIGN (NAME & TITLE):

SIGNATURE: DATE:

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MEXICAN SPOTTED OWL SURVEYS

The Santa Catalina Ranger District (Santa

Catalina Ecosystem Management Area)

Coronado National Forest

April 2016

A. Statement of Work

The contractor shall furnish all labor, supervision, transportation, and other materials as required to perform all the work necessary to complete formal monitoring and inventory surveys for the presence and reproductive status of the federally endangered Mexican spotted owl (Strix occidentalis lucida). Contractor shall document the surveys using the established protocols and submit a final report.

B. Location

The formal monitoring shall occur in 18 Protected Activity centers (PACs) in the Santa

Catalina Mountains north of Tucson, Arizona. The inventory surveys are to be completed for the PACs as identified below and on the attached maps (see Attachments). Any occupancy records for each PAC will be furnished to the awarded contractor. Any variation in areas to be surveyed must be agreed upon by both the Government and the

Contractor. A general description, including names and reference numbers, follows.

C. Formal Monitoring Areas (See attachments for maps of monitoring areas)

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Santa Catalina Mountains EMA – Mexican Spotted Owl

PAC Name Reference # Quad

Bear Canyon 505001 Agua Caliente Hill & Mount

Bigelow

Barnum Rock 505002 Mount Bigelow

Sollers 505003 Mount Bigelow

Palisades 505004 Mount Bigelow

Novio 505005 Mount Bigelow

Bear Wallow 505006 Mount Bigelow & Mount Lemmon

Crystal Spring 505007 Mount Bigelow & Mount Lemmon

Loma Linda 505008 Mount Lemmon

Marshall Gulch 505009 Mount Lemmon

Ski Valley 505010 Mount Lemmon

Lemmon Rock 505011 Mount Lemmon

Reef of Rock 505012 Mount Lemmon

Shovel Spring 505013 Mount Lemmon

Red Ridge 505014 Mount Lemmon

Edgar Canyon 505015 Mount Bigelow

Butterfly Peak 505016 Mount Bigelow

Maverick 505017 Mount Bigelow

CDO 505018

Mount Lemmon

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D. Inventory Survey Areas

There are no inventory survey areas that have been identified at the time of the issuance of this solicitation.

E. Required Permit and Certification

An authorized biologist listed under a U.S. Fish and Wildlife Service endangered species permit for the Mexican spotted owl shall conduct all surveys. Proof of license and authorization will be submitted to the U.S. Forest Service prior to issuance of the

Notice to Proceed.

F. Survey Protocol

The Contractor shall conduct surveys for the Mexican spotted owl according to the attached US Fish and Wildlife Service Mexican Spotted Owl Survey Protocol, 2012.

Should any Mexican spotted owls be found during the survey for presence, contact, within 24 hours, the Santa Catalina Ranger District Biologist Josh Taiz or the Forest

Biologist, Angela Barclay. The Contracting Officer may also be notified.

G. Deliverables

The Contractor shall record all data on the forms provided. The complete final report submitted shall include the survey procedures used, a map showing calling stations and locations of sightings, and all survey results. The completed field documentation forms shall be included in the final report.

H. Schedule of Services

The Contractor shall begin conducting the formal monitoring during the 2016 Mexican

Spotted Owl field season, March 1 through August 31. The first formal monitoring survey must be initiated within one week of the Notice to Proceed issued by the

Contracting Officer. The Notice to Proceed for the Base Year 2016 season will be issued shortly after contract award, which is intended to be made no later than May 15, 2016.

TASKS:

1. Formal monitoring to establish presence and reproductive status of all contracted PACs shall be conducted according to the requirements listed in the current USFWS Mexican Spotted Owl Survey Protocol between March 1 and

August 31 each year.

2. A mid-season report will be turned in by June 15 each year, or at a date approximately mid-season to be determined, that will be in a table format and include information for each PAC such as which surveys have been completed, Page | 8 the date they were completed and the results for each survey. This report will be emailed to the Santa Catalina District Biologist.

3. At any time during the field season, the District Biologist may request updates on the status of surveys and request UTM coordinates and maps of locations of owls/nests as needed by the USFS. The contractor will provide that information as quickly as possible.

4. At the end of the field season, a final report will be turned in which will include all datasheets and all results of surveys done in each PAC. Due to the large number of datasheets required for this project, electronic submittal (rather than hard copies) of datasheets as an appendix to the final report will be allowed. The main text of the final report (which can be provided in hard copy and electronic copy as needed by the USFS) will summarize all survey work that was accomplished and discuss the results of those surveys. The final report and electronic submittal of datasheets is due no later than November 15 of each survey season.

I. Payment

A progress payment comprising up to 40% of the total line item price will be processed upon submittal to and inspection by the Government of Task 1 and Task 2 in the

Schedule of Services. A progress payment to the Contractor, if the work shall be determined satisfactory, will be commensurate with the actual percentage of work completed.

Final payment will be made upon receipt, review, and acceptance by the Government of all completed items in the schedule of services, culminating in the final report.

The completion of all work within the contract time frames listed above is critical as subsequent work and related projects are contingent upon timely completion of this project in its entirety. Services not completed within contract performance periods, barring Excusable Delays as determined by the Government, are grounds for Default

(FAR 52.249-8, incorporated by reference). The Contractor shall remain responsible for ultimate completion of the items covered by the progress payments until the Government formally inspects and accepts the final report.

J. Quotes for Period of Services for PAC Monitoring

The total firm-fixed price amount for the Base Period and for the four Option Periods shall be inclusive of all costs associated with providing the required services. Offerors must submit a lump sum price quote for the BASE year and all 4 Option Years as indicated on the PILOT PROJECT schedule of items. A single firm fixed price award is contemplated. Only the Base Period is guaranteed with the Option Periods contingent on available funding.

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The Base Period, from time of contract award through February 28, 2017, requires the performance of services as specified during the period identified as Mexican spotted owl field season. The Base Period performance period must begin as soon as practicable after contract award which is anticipated to be no later than May 15, 2016.

The Option Periods will require like performance during the periods identified as

Mexican spotted owl field season for the following fiscal years:

Option Period I: March 1, 2017 through February 28, 2018.

Option Period II: March 1, 2018 through February 29, 2019.

Option Period III: March 1, 2019through February 28, 2020

Option Period IV: March 1, 2020 through February 28, 2021

Actual formal monitoring areas are to be determined prior to the exercising of an option period. Equitable adjustment in contract price may be considered and negotiated should there be an increase or decrease in performance requirements for succeeding option periods.

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12.301 -- Solicitation Provisions and Contract Clauses for the Acquisition of

Commercial Items.

(a) In accordance with 41 U.S.C. 3307 contracts for the acquisition of commercial items shall, to the maximum extent practicable, include only those clauses --

(1) Required to implement provisions of law or executive orders applicable to the acquisition of commercial items; or

(2) Determined to be consistent with customary commercial practice.

(b) Insert the following provisions in solicitations for the acquisition of commercial items, and clauses in solicitations and contracts for the acquisition of commercial items:

(1) The provision at 52.212-1, Instructions to Offerors -- Commercial Items. This provision provides a single, streamlined set of instructions to be used when soliciting offers for commercial items and is incorporated in the solicitation by reference (see Block 27a, SF 1449). INCLUDED BY REFERENCE.

(2) The provision at 52.212-3, Offeror Representations and Certifications --

Commercial Items. This provision provides a single, consolidated list of representations and certifications for the acquisition of commercial items and is attached to the solicitation for offerors to complete. INCLUDED; OFFEROR

MUST COMPLETE.

(3) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items.

This clause includes terms and conditions which are, to the maximum extent practicable, consistent with customary commercial practices and is incorporated in the solicitation and contract by reference (see Block 27, SF 1449). INCLUDED BY

REFERENCE.

(4) The clause at 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders--Commercial Items. This clause incorporates by reference only those clauses required to implement provisions of law or Executive orders applicable to the acquisition of commercial items. The contracting officer shall attach this clause to the solicitation and contract and, using the appropriate clause prescriptions, indicate which, if any, of the additional clauses cited in 52.212-

5(b) or (c) are applicable to the specific acquisition. INCLUDED.

(c) When the use of evaluation factors is appropriate, the contracting officer may—

(1) Insert the provision at 52.212-2, Evaluation -- Commercial Items, in solicitations for commercial items (see 12.602); INCLUDED.

IMPORTANT—SEE NEXT PAGE.

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1487_204068 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1562_217691 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1867_259661 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2067_300469 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2067_300469 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P2067_300469 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm#P1548_215839 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P301_49859

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52.212-2 Evaluation--Commercial Items

As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows: Evaluation -- Commercial Items (Oct 2014)

(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) Professional/Organizational Experience of the Offeror and Offeror’s

Employees or Subcontractors

As a minimum, the Offeror should be adequately experienced in performing MSO surveys in terrain typical of the Santa Catalina Mountains, where the surveys are to take place. If not directly familiar with this mountain range based on prior experience, it is strongly advised that the Offeror visit the mountain range prior to submitting an offer for this solicitation. Familiarity with the survey area(s) or terrain typical of the Santa Catalina

Mountains is a significant sub-factor in the government’s evaluation of prior experience, and the Offeror should discuss the nature and breadth of this familiarity in the technical proposal. The Offeror should also address the experience of its workforce or proposed team as it relates to all the possible surveys listed in the Master IDIQ scope of work.

(2) Personnel Qualifications

The Contractor, employees of the Contractor, or subcontractors are required to have extensive knowledge of Mexican spotted owl habitat. The Contractor shall be an authorized biologist listed under the U.S. Fish and Wildlife Service species permit for the Mexican spotted owl. The biologist(s) conducting the surveys shall have proof of attendance at a U.S. Forest Service certification course for Mexican spotted owl inventory and/or monitoring protocol.

(3) Technical Capability

The Contractor’s a) work force capacity, b) method of operation, and c) work schedule shall be adequate to complete the work within the specified time periods. The Offeror must adequately address and discuss all 3 of the above sub-factors related to technical capability for the specific project area.

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(4) Past Performance

Completion of at least three successful survey projects involving the Mexican spotted owl is required. Information regarding these surveys, including dates, location, and contact information for the agency overseeing the work must be included in the Offeror’s technical proposal. Past performance in conducting biological surveys in the Santa

Catalina Mountains as well as other mountain ranges in Arizona or New Mexico is a relevant sub-factor in the government’s evaluation of past performance. In addition to the agency contact information to be supplied above, three to five references from professionals in the field who are familiar with the Offeror’s work on MSO surveys or other wildlife surveys are to be furnished with contact person and telephone number for each reference.

(5) Price

Prior Professional/Organizational Experience, Personnel qualifications, Technical

Capability, and Past Performance, when combined, are more important than Price.

(a) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the base year 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).

(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.

(c) The government will consider only a single award for the PILOT PROJECT based on the evaluation factors above. The Optional Consultation Hourly Fee on the schedule of items will not be evaluated for award purposes for this solicitation and is of an optional and indefinite quantity.

(d) The Successful Offeror for the PILOT PROJECT will automatically receive an award for a

Master IDIQ Biological Survey contract. The PILOT PROJECT will be the first task order awarded under the Master IDIQ contract.

(e) A second Master IDIQ Biological Survey contract will be awarded to the Best Unsuccessful

Offeror for the PILOT PROJECT. Though not evaluated as the best value for the PILOT

PROJECT, the Best Unsuccessful Offeror nonetheless shall have submitted a proposal that is acceptable or better for all the evaluation factors above. The Best Unsuccessful Offeror’s overall pricing must be judged as fair and reasonable by the Contracting Officer, though that overall pricing is likely higher than that of the Successful Offeror.

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(End of provision)

52.212-3 -- Offeror Representations and Certifications -- Commercial Items.

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

Offeror Representations and Certifications -- Commercial Items (Apr 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for

Award Management (SAM) Web site 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 (r) 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).

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P120_20017 http://www.acquisition.gov/

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“Manufactured end product” means any end product in product and service codes (PSCs)

1000-9999, except—

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

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

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

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

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

(8) PSC 9610, Ores;

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

(10) PSC 9630, Additive Metal Materials.

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

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

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

Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

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

(2) Are conducted pursuant to specific authorization from the Office of Foreign

Assets Control in the Department of the Treasury, or are expressly exempted under

Federal law from the requirement to be conducted under such authorization;

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

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(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.

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

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

124.105) by--

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

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

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

(1)(i) and (ii) of this definition.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

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

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

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

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

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(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 SAMwebsite.

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

After reviewing the SAM database information, the offeror verifies by submission of this offer that the representation 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 (r) 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 is to 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.

https://www.acquisition.gov/

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(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph

(c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.

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

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents that it [_] is, [_] is not a women-owned small business concern.

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

(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

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(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.

(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

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(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 (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

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[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:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the

Page | 22 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:

(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

Page | 23 clause of this solicitation entitled “Buy American--Free Trade

Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

Line Item No.: Country of Origin:

(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:

(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.”

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(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 statute. The

Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

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

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

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

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

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

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

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

(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge.

In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

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

(ii) Examples.

(A) The taxpayer has received a statutory notice of deficiency, under

I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.

(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under

I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS

Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.