B.08.02 W912DR20Q0049.docx

W912DR20Q0049

Section SF 1449 - CONTINUATION SHEET

INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO QUOTERS

Please see block 8. Any questions concerning this solicitation must be submit Request for Information (RFIs) by e-mail only to mark.r.andrews@usace.army.mil no later than 26 May 2020 at 11:00 AM (EST). All questions and answers will be published to Beta.Sam thru an amendment to the solicitation.

Quotes can be submitted via e-mail to Mark Ryan Andrews, Contract Specialist at e-mail mark.r.andrews@usace.army.mil, Contracting Division, Services and Supplies Branch.

By submission of a quote, the Quoter acknowledges the requirement that prospective awardee must have an active registration in the SAM database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of active registration in the SAM database will make a Quoter ineligible for award. Quoters and contractors may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.sam.gov.

Interested Quoters shall submit a complete price schedule and provide past performance information as stated below in the “Evaluation Criteria.” All line items must be priced. Quotes providing partial pricing shall be considered non-responsive.

EVALUATION CRITERIA:

1. TECHNICAL:

The quote will be evaluated to ensure all the items below are provided:

Capability Statement: This capability statement shall address the following (not to exceed 10 pages):

· A product information sheet (product bulletin) issued by the product manufacturer

· A certified laboratory report for a representative sample of product demonstrating compliance of the Contractor’s product with the requirements of Section 6 (Physical / Chemical Requirements)

· Certification by a certification organization accredited by the American National Standards Institute stating that product meets the NSF/ANSI Standard 60 for addition to drinking water Business license and insurance.

· A safety data sheet (SDS) that complies with paragraph (g) of 29 CFR 1910.1200.

If the product of more than one facility or manufacturer may be supplied to fulfill this contract, the information described in Section 4a must be submitted for each separate facility or manufacturer. Any request to change the product and/or manufacturer during the contract period must be submitted for approval to Contracting Officer’s Representative.

2. PAST PERFORMANCE:

Contractors shall submit two (2) past performance references, with the attached Past Performance Questionnaire (PPQ) to complete including both the customer point of contact information and details of the work performed. Past performance information shall be recent (performance within the last three years) and relevant to this scope of work. The references are to return the completed PPQ directly to Mark Ryan Andrews at mark.r.andrews@usace.army.mil.

The apparent awardees past performance will be evaluated as part of the contractor responsibility determination to ensure the presence of an acceptable performance record in accordance with FAR 9.104-1.

Past performance information shall be obtained from any sources available to the Government to include, but not limited to, PPIRS or other databases; interviews with Program Managers, customers, and Contracting Officers; and references provided by the contractor.

3. PRICE

Price schedule must be filled out completely. All line items must be priced. Quotes providing partial pricing shall be considered non-responsive. Pricing shall not include any text or assumptions associated with the technical aspects of completing the work. Pricing shall be provided on a firm fixed basis.

EVALUATION CRITERIA RATING:

1. Technical

2. Past Performance

3. Price

Award will be made to the Quoter with the Lowest Price Technically Acceptable. Pricing will be evaluated in accordance with FAR 13.106-3. The government may require additional pricing information to assist in determining the extent to which the price is fair and reasonableness and the pricing information shall be provide if requested. The Government will evaluate Quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced. Quoters must complete all line items to be considered for award.

BASIS FOR AWARD:

Award will be based on lowest price, technically acceptable (LPTA). To qualify, the responsible contractor provides a quote which conforms to the solicitation; is technically acceptable; has no negative past performance; and submits the lowest price.

The government shall evaluate Quoter’s prices, and then evaluate the apparent lowest-priced quote for acceptability under the technical factor. If the lowest-price quote was evaluated as unacceptable, the agency shall then consider the acceptability of the next lowest-price quote, continuing this process as necessary. Technical acceptability will be based on the Quoter’s ability to meet the requirements of Performance Work Statement based on the provided capability statement. Past performance information shall be obtained from any sources available to the Government to include, but not limited to, past performance references provided by the contractor, PPIRS or other databases; interviews with Program Managers, customers, and Contracting Officers; and references provided by the contractor. Once identified the apparent awardee will receive an offer from the government to form a binding Indefinite Delivery Indefinite Quantity contract. At the time of award a Task Order will be issued, satisfying the requirement for the guaranteed minimum order under the contract.

USACE PAST PERFORMANCE QUESTIONNAIRE (Form PPQ)

1. Contractor Information

Firm Name: CAGE Code:

Address: DUNs Number:

Phone Number: Email Address:

Point of Contact: Contact Phone Number:

2. Work Performed as: Prime Contractor Sub Contractor Joint Venture Other (Explain) Percent of project work performed:

If subcontractor, who was the prime (Name/Phone #):

3. Contract Information

Contract Number:

Delivery/Task Order Number (if applicable):

Contract Title:

Contract Location:

Award Date (mm/dd/yy):

Contract Completion Date (mm/dd/yy):

Actual Completion Date (mm/dd/yy):

Explain Differences:

Original Contract Price (Award Amount):

Final Contract Price (to include all modifications, if applicable):

Explain Differences:

4. Project Description:

Complexity of Work High Med Routine

How is this project relevant to project of submission? (Please provide details such as similar equipment, requirements, conditions, etc.)

CLIENT INFORMATION (Client to complete Blocks 5-8)

5. Client Information

Name: Title:

Phone Number:

Email Address:

6. Describe the client’s role in the project:

7. Date Questionnaire was completed (mm/dd/yy):

8. Client’s Signature:

ADJECTIVE RATINGS AND DEFINITIONS TO BE USED TO BEST REFLECT

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE

RATING DEFINITION NOTE

The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor was highly effective.

An Exceptional rating is appropriate when the Contractor successfully performed multiple significant events that were of benefit to the Government/Owner. A singular benefit, however, could be of such magnitude that it alone constitutes an Exceptional rating. Also, there should have been NO significant weaknesses identified.

There should have been NO significant weaknesses identified. Per DOD policy, a fundamental principle of assigning ratings is that contractors will not be assessed a rating lower than Satisfactory solely for not performing beyond the requirements of the contract.

(U) Unsatisfactory

TO BE COMPLETED BY CLIENT

PLEASE CIRCLE THE ADJECTIVE RATING WHICH BEST REFLECTS

YOUR EVALUATION OF THE CONTRACTOR’S PERFORMANCE.

1. QUALITY:

d) Adequacy/effectiveness of quality control program and adherence to contract quality assurance requirements (without adverse effect on performance)

E

VG

S

M

U

N

2. SCHEDULE/TIMELINESS OF PERFORMANCE:

a) Compliance with contract delivery/completion schedules including any significant intermediate milestones. (If liquidated damages were assessed or the schedule was not met please address below)

E

VG

S

M

U

N

3. CUSTOMER SATISFACTION:

b) Contractor was reasonable and cooperative in dealing with your staff (including the ability to successfully resolve disagreements/disputes; responsiveness to administrative reports, businesslike and communication)

E

VG

S

M

U

N

4. MANAGEMENT/ PERSONNEL/LABOR

5. COST/FINANCIAL MANAGEMENT

cost, improved maintainability or other factors that benefited the client

c) If this is/was a Government cost type contract, please rate the Contractor’s timeliness and accuracy in submitting monthly invoices with appropriate back- up documentation, monthly status reports/budget variance reports, compliance with established budgets and avoidance of significant and/or unexplained variances (under runs or overruns)

VG

S

M

U

N

No

e) If this is/was a Government contract, has/was this contract been partially or completely terminated for default or convenience or are there any pending terminations? Indicate if show cause or cure notices were issued, or any default action in comment section below.

Yes

No

No

6. SAFETY/SECURITY

a) To what extent was the contractor able to maintain an environment of safety, adhere to its approved safety plan, and respond to safety issues? (Includes: following the users rules, regulations, and requirements regarding housekeeping, safety, correction of noted deficiencies, etc.)

VG

S

M

U

N

7. GENERAL

a) Ability to successfully respond to emergency and/or surge situations (including notifying COR, PM or Contracting Officer in a timely manner regarding urgent contractual issues).

VG

S

M

U

N

No

Please provide responses to the questions above (if applicable) and/or additional remarks. Furthermore, please provide a brief narrative addressing specific strengths, weaknesses, deficiencies, or other comments which may assist our office in evaluating performance risk (please attach additional pages if necessary):

STATEMENT OF WORK

SPECIFICATIONS

RESIDUALS DEWATERING POLYMER (POLYACRYLAMIDE)

(LIQUID EMULSION)

Single Award, Indefinite Delivery Indefinite Quantity Contract

Summary of Requirements

1 Requirement – Furnish all of the Washington Aqueduct’s Residuals Dewatering Polymer in accordance with these specifications. Residuals Dewatering Polymer is used at Washington Aqueduct’s Dalecarlia water treatment plant (WTP). Residuals Dewatering Polymer shall conform to the requirements of ANSI/AWWA Standard B453, latest revision, for Residuals Dewatering Polymer, except as modified or supplemented herein, and shall conform to NSF/ANSI Standard 60.

2 Period of Performance – 5 years from the Date of Award 3 Government Projected Requirements:

· Dalecarlia WTP: Approximately 270,000 pounds of neat product per year. Product shall be delivered on a Delivery Order basis.

4 Information Required Upon Contract Award -a Immediately upon contract award, and at least 14 days prior to the initial delivery, the Contractor shall forward the following information to the parties listed below:

Information Required Upon Contract Award

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

During working hours During non-working hours

Email address

Normal working hours

Responsible personnel

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

Responsible personnel

Certification from accredited certification organization of compliance with NSF/ANSI 60

Safety Data Sheet (SDS) that complies with paragraph (g) of 29 CFR 1910.1200 b Prior to the first chemical delivery and each time there is a change in dispatcher and/or delivery personnel the Contractor shall forward the following information to the parties listed below:

Information Required Upon Change in Dispatcher and/or Delivery Personnel

Email Address

Telephone number(s)

Normal working hours

Responsible personnel

5 Physical / Chemical Requirements – a Residuals Dewatering Polymer shall meet or exceed the ANSI/AWWA Standard B453, latest revision except as modified or supplemented herein. All sampling and testing shall be in accordance with ANSI/AWWA Standard B453, latest revision. Residuals Dewatering Polymer shall conform to the following requirements:

Physical / Chemical Characteristics

b The Residuals Dewatering Polymer supplied shall be in liquid emulsion form.

c The Residuals Dewatering Polymer supplied shall be easily applied by metering pumps and water miscible, free from visible foreign matter and sediment, and freeze/thaw stable, requiring nothing more than agitation to place thawed material back into a useable form.

6 Quality Assurance Requirements – a Certification of Suitability for Drinking Water - Residuals Dewatering Polymer supplied under this contract is a direct additive used in the treatment of potable water and shall be certified as suitable for treatment of drinking water by an accredited certifying organization in accordance with the requirements of the National Sanitation Foundation / American National Standards Institute Standard 60 (NSF/ANSI Standard 60), Drinking Water Treatment Chemicals—Health Effects.

b Maximum Usage Level (MUL) for NSF/ANSI Standard 60 certification shall be greater than or equal to 3 mg/L.

c Certification shall be performed by a certification organization accredited by the American National Standards Institute, and evaluation shall be accomplished in accordance with requirements that are no less restrictive than those listed in NSF/ANSI Standard 60.

7 Delivery – a Delivery date and time shall be arranged upon placement of order.

b Quantity - The Contractor shall make product deliveries upon request in single-unit tank trucks. Tank trucks shall be weighed prior to each delivery and the net pounds delivered (neat product) shall be machine stamped on each delivery ticket.

c All delivery drivers shall possess a valid commercial driver’s license with the proper Hazardous Material (HAZMAT) endorsements accepted by District of Columbia. All delivery personnel must have company cell phones to facilitate deliveries.

d Security Tags – Each tank truck unloading hose coupling, manway, and hatch shall be sealed and include a security tag number (see NSF/ANSI Standard 60 Section 3.9.3.1). The security tag numbers shall be e-mailed to Washington Aqueduct personnel below after each cargo trailer has been loaded and is ready for shipping.

Deliveries to the Dalecarlia WTP:

e Documentation Required for Each Delivery- Documentation Required for Each Delivery

2. Bill Of Lading Number

3. Departure Date And Time

4. Expected Delivery Date And Time

5. Hauler’s Company Name

6. Driver/ Operator’s Name And Driver’s License State And Number

7. Truck License Number

8. Cargo Trailer License Number

9. Seal Numbers For All Hatches and Doors

2. Machine stamped weight certificate

Date of Shipment

Density

Specific gravity and reference temperature

Percent active polyacrylamide f The Contractor shall notify the control room (Dalecarlia telephone 202-764-2700) and the email recipients (as listed above in item 8d) of any changes in the driver, cargo trailer, and or delivery schedule.

g Routine Deliveries - The Residuals Dewatering Polymer delivery shall be between 0700 and 1400 hours Monday through Friday except federal holidays. Any exception to this requirement must be approved by one of the individuals listed in Section 8d.

h Emergency Deliveries - Emergency deliveries may be required within 2 business days.

i In the event that the load is rejected, the Contractor shall have 24 hours to supply another shipment. In the event that the Contractor is unable or unwilling to supply another shipment within this time period, Washington Aqueduct has the right to procure a shipment from another source.

j All deliveries of Residuals Dewatering Polymer shall be freight prepaid, F.O.B. to the following Government facility:

Washington Aqueduct Dalecarlia Water Treatment Plant-RPF 5225 Little Falls Road, N.W.

Washington, D.C. 20016 k Directions:

Directions to the Dalecarlia WTP-RPF:

From 495 take the River Road exit towards D.C.

Take a right on to Goldsboro (614) Take a left on to Massachusetts Avenue At the Westmoreland Circle take the 2nd right on to Dalecarlia Parkway Take a right on to Little Falls Road Pull into Residuals Processing Facility on right hand side.

8 Offloading Requirements a Removal of security tags - Upon arrival, security tags are to be removed from hose coupling, manways, and hatches in presence of Washington Aqueduct personnel after seal numbers are verified by Washington Aqueduct personnel to assure the cargo has not been tampered with.

b Sampling and Testing Prior to Offloading. At the sole discretion of Washington Aqueduct, the Contractor’s delivery personnel (driver) may occasionally be asked to provide a sample of the chemical from the delivery vehicle before unloading the cargo. Washington Aqueduct will supply the sample container and the driver shall collect the sample from the transportation equipment and turn it over to a Washington Aqueduct representative. Alternatively, the Contractor shall allow Washington Aqueduct to collect a sample of the Contractor’s product from Washington Aqueduct’s transfer piping at the beginning of the offloading process, and the collected sample shall be considered representative of the Contractor’s product. Washington Aqueduct reserves the right to subject samples of the chemical to quick tests to ensure that product meets basic conditions of these Specifications. The Contractor shall allow 60 minutes for this testing to be completed.

c Filling appropriate tanks - Washington Aqueduct’s representative will identify the proper storage tank(s) to fill for each delivery. Contractor shall be responsible for transferring chemical from the delivery vehicle into the storage tanks at the delivery site and shall observe the entire filling operation at each delivery site. Contractor shall be responsible for the accidental discharge of the product into the wrong storage tank(s).

d Air padding system - Contractor shall provide an air padding system (an air compressor and pumping system) to be used (at Washington Aqueduct’s sole discretion) as an alternative to Washington Aqueduct’s transfer system. Contractor shall furnish a Washington Aqueduct- approved, leak-free connection device between the vehicle and Washington Aqueduct’s intake receptacle (a quick disconnect coupling compatible with the WTPs’ couplings). Contractor shall provide all necessary hoses, fittings, air-padding, etc. required to safely and efficiently offload the chemical into designated storage tanks.

e Contractor shall be reimbursed for industry-standard demurrage charges incurred as a result of delays caused by the Washington Aqueduct whenever unloading has not started within (2) two hours after arrival.

f Contractor shall ensure delivery personnel’s compliance with all OSHA requirements, including personal protective equipment for Contractor delivery personnel.

9 Rejection of Deliveries a Failure to provide required documentation upon delivery constitutes grounds for rejection of deliveries.

b Any load tested by Washington Aqueduct that fails to comply with these Specifications shall constitute grounds for rejection of that load.

c Washington Aqueduct reserves the right to reject any delivery that has been contaminated.

10 Condition of Delivery Vehicle a Chemical compatibility - The Residuals Dewatering Polymer shall be delivered in tank trucks dedicated only to transporting Residuals Dewatering Polymer.

b It is the Contractor’s responsibility to verify the cleanliness of the transporting equipment before loading. The transporting equipment shall be clean and free of residue that may contaminate the product or impede the unloading process. All appurtenant valves, pumps, and discharge hoses used for the delivery of bulk chemicals shall be supplied by the Contractor and shall be clean and free from contaminating material.

c All delivery vehicles used for the chemical delivery, under this agreement, shall be in good mechanical order and shall be in full compliance with the applicable requirements of the Hazardous Materials Regulations of the Department of Transportation, Code of Federal Regulations, as currently issued.

d Washington Aqueduct reserves the right to refuse any deliveries made with equipment that is poorly maintained and/or leaking chemical. Any cargo trailer found leaking chemicals is considered an emergency situation requiring immediate attention by the Contractor and shall not be allowed to depart until the Contractor or his designated representative makes appropriate repairs.

11 Spillage a The Contractor shall immediately report any spills caused during the filling operations to the operations control center of the Dalecarlia WTP 202-764-2700.

b The Contractor shall take immediate and appropriate actions to clean up any spill. The Contractor shall be responsible for all clean-up of spillage and contaminated matter in accordance with all applicable laws and regulations. The Contractor shall be responsible for any spills or hazardous chemical releases resulting from the failure of its or its subcontractor’s delivery equipment or from failure of attendant delivery personnel in the proper performance of their duties.

c If a spill is not cleaned up, Washington Aqueduct may hire a certified hazardous material handling company to clean up the spill, and the cost of such service will be charged to the Contractor and deducted from the amount due to the Contractor.

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

Will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas. The contractor will coordinate with the COR and/or the facility security office for access when required. (Use when security clearances are not required, i.e. facility repair or construction). Proposed language: "All contract employees, including subcontractor employees who are not in possession of the appropriate security clearance or access privileges, will be escorted in areas where they may be exposed to classified and/or sensitive materials and/or sensitive or restricted areas."

Pre-screen candidates using E-Verify Program. Proposed language: "The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements. The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award." *When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, with the designated Government representative. This Form will be provided to the Contracting Officer and shall become part of the official contract file.

13 Invoicing a Unit of measure for payment shall be: Pounds of neat polymer delivered FOB destination.

b The Contractor shall mail the original delivery invoices to:

USACE Finance Center 5722 Integrity Drive Millington, TN 38054-5005 Attn: EFT/Disbursing

And a copy to:

Washington Aqueduct 5900 MacArthur Blvd., N.W.

Washington, D.C. 20016-2514 Attn: Support Management Services, Mable Barnes

PRICE SCHEDULE

Price Schedule Residual Dewatering Polymer

Year 1

Year 2

Year 3

Year 4

Year 5

CONTRACTING OFFICER STATEMENT

The Primary Contracting Officer for this action is Sharon Alexander, however, any Contracting Officer holding the appropriate warrant authority in the Baltimore District can serve as the Contracting Officer for this contract. Also, please note that any time the primary Contracting Officer changes, it will be incorporated into the contract via unilateral modification to the contract.

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from https://www.oig.dhs.gov/hotline

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million , except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

52.204-17 OWNERSHIP OR CONTROL OF OFFEROR (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means—

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates ``has'' in paragraph (b) of this provision, enter the following information:

Immediate owner CAGE code:

Immediate owner legal name: ___

(Do not use a ``doing business as'' name)

Is the immediate owner owned or controlled by another entity?:

[ ___ ] Yes or [ ___ ] No.

(d) If the Offeror indicates ``yes'' in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code:

Highest-level owner legal name:

(Do not use a ``doing business as'' name)

(End of provision)

52.204-20 Predecessor of Offeror (JUL 2016)

(a) Definitions. As used in this provision--

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

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

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.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-

(i) The Offeror and/or any of its Principals-

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

(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and

(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and

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

(1) Federal taxes are considered delinquent if both of the following criteria apply:

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

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

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

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

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

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

(ii) The Offeror has ( ) has not ( ), within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that,…