B.08 W912HN20Q5025 Combined Synopsis Solicitation.pdf

Section A - Solicitation/Contract Form

COMBINED SYNOPSIS/SOLICITATION

This notice is being posted as an avenue to provide Request for Quotes, W912HN20Q5025. This is a combined synopsis/solicitation for commercial services in accordance with the format in FAR Subpart 12.6 as supplemented with additional information in this notice. THIS ANNOUNCEMENT CONSTITUTES THE ONLY

SOLICITATION: QUOTES ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE

ISSUED. This will be procured as 100% Small Business Set-aside. The NAICS Code is 561710 with a size standard of $12,000,000.00. This solicitation document incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-08.

Title of Requirement: Richard B. Russell Project Pest Control Services.

Description of Requirement: Richard B. Russell Project is requesting Pest Control Services. The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed in the attached. Statement of Work. Please see the detailed Statement of Work attached for the full description of the requirement.

Submission Requirements: Fill out pages 2-7 and return via email to HECTOR.L.SIERRAALMEDINA@usace.army.mil by AUGUST 24, 2020 at 11:00 a.m. Eastern Time. Please CC Whittni C. Hiscox at Whittni.C.Hiscox@usace.army.mil.

Basis for Award: The award will be made to the lowest priced, responsible, responsive quote, with a responsibility determination that meets or exceeds the product specifications. This is in accordance with Federal Acquisition Regulation (FAR) 52.212-2, Evaluation – Commercial Items, and FAR 9.104.

The Government reserves the right to cancel this solicitation.

REQUEST FOR QUOTE (RFQ)

US Army Corps of Engineers – Savannah District

POC: Mr. Hector L. Sierra Almedina Phone: (912) 652-5105

Email: Hector.L.Sierraalmedina@usace.army.mil

QUOTES DUE BY: 24 August 2020 at 11:00 a.m. Eastern time.

CONTRACTOR:___________________________________________________

DUNS NO.:_______________________________________________________

CAGE CODE: ____________________________________________________

TAX ID NO.: _____________________________________________________

E-MAIL: _________________________________________________________

PHONE NO.: _____________________________________________________

DATE OF QUOTE: _______________________________________________

QUOTE PREPARED AND CERTIFIED BY:

(Printed Name and Title)

The Contractor, by signing this document, understands and complies with the requirements listed in the Statement of Work (SOW) and shall provide equipment meeting the requirements.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job RBR PEST CONTROL (Base year) 2020-2021FFP

The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed:

• Project Manager’s Office and Gazebo. #19059/ #19064

• Pole Barn # 18667

• Boat House #18618

• Mini Boat /Tool Shed # 16158

• Georgia Overlook Restrooms and Gazebo #20771

• Flammable Storage Building #2 #18664

• Warehouses, 3 ea #17817/ #17818/ #17819

• Power plant #17789

• O2 Plant Building #17680

• Well houses, 3 ea #17681/ #B /# 18685

FOB: Destination

PSC CD: F999

NET AMT

0002 1 Job

OPTION RBR PEST CONTROL (OY 1) 2021-2022FFP

The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed:

• Project Manager’s Office and Gazebo. #19059/ #19064

• Pole Barn # 18667

• Boat House #18618

• Mini Boat /Tool Shed # 16158

• Georgia Overlook Restrooms and Gazebo #20771

• Flammable Storage Building #2 #18664

• Warehouses, 3 ea #17817/ #17818/ #17819

• Power plant #17789

• O2 Plant Building #17680

• Well houses, 3 ea #17681/ #B /# 18685

0003 1 Job

OPTION RBR PEST CONTROL (OY 2) 2022-2023FFP

The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed:

• Project Manager’s Office and Gazebo. #19059/ #19064

• Pole Barn # 18667

• Boat House #18618

• Mini Boat /Tool Shed # 16158

• Georgia Overlook Restrooms and Gazebo #20771

• Flammable Storage Building #2 #18664

• Warehouses, 3 ea #17817/ #17818/ #17819

• Power plant #17789

• O2 Plant Building #17680

• Well houses, 3 ea #17681/ #B /# 18685

0004 1 Job

OPTION RBR PEST CONTROL (OY 3) 2023-2024FFP

The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed:

• Project Manager’s Office and Gazebo. #19059/ #19064

• Pole Barn # 18667

• Boat House #18618

• Mini Boat /Tool Shed # 16158

• Georgia Overlook Restrooms and Gazebo #20771

• Flammable Storage Building #2 #18664

• Warehouses, 3 ea #17817/ #17818/ #17819

• Power plant #17789

• O2 Plant Building #17680

• Well houses, 3 ea #17681/ #B /# 18685

0005 1 Job

OPTION RBR PEST CONTROL (OY 4) 2024-2025FFP

The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed:

• Project Manager’s Office and Gazebo. #19059/ #19064

• Pole Barn # 18667

• Boat House #18618

• Mini Boat /Tool Shed # 16158

• Georgia Overlook Restrooms and Gazebo #20771

• Flammable Storage Building #2 #18664

• Warehouses, 3 ea #17817/ #17818/ #17819

• Power plant #17789

• O2 Plant Building #17680

• Well houses, 3 ea #17681/ #B /# 18685

0006 1 Job OPTION RBR PEST CONTROL (52.217-8, Additional 6 Months) FFP

The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed:

• Project Manager’s Office and Gazebo. #19059/ #19064

• Pole Barn # 18667

• Boat House #18618

• Mini Boat /Tool Shed # 16158

• Georgia Overlook Restrooms and Gazebo #20771

• Flammable Storage Building #2 #18664

• Warehouses, 3 ea #17817/ #17818/ #17819

• Power plant #17789

• O2 Plant Building #17680

• Well houses, 3 ea #17681/ #B /# 18685

Section C - Descriptions and Specifications

NOTES TO OFFEROS

Note 1: Quotes shall meet the specifications in the Statement of Work to be eligible for an award. PARTIES INTERESTED IN RESPONDING TO THIS RFQ may submit their Quote in accordance with standard commercial practice (i.e. Quote form, letterhead, etc.) and MUST INCLUDE THE FOLLOWING INFORMATION: Solicitation number; offeror's complete mailing and remittance addresses; discount terms, DUNS number, and Tax Identification Number. Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. Offerors may obtain information on registration and annual confirmation requirements via the Internet at http://www.acquisition.gov or by calling 866-606-8220

Note 2: All questions are to be directed no later than 11:00 a.m. Eastern time three days prior to closing date to Mr.

Hector L. Sierra Almedina at Hector.L.Sierraalmedina@usace.army.mil.

Please CC, Mrs. Whittni C. Hiscox at whittni.c.hiscox@usace.army.mil.

Note 3: The Taxpayer Identification Number may be used by the Government to collect and report on any delinquent amounts arising out of the contractor’s relationship with the Government.

Note 4: The completed Offeror Representations and Certifications-Commercial Items (FAR 52.212-3) or Notation that company has an active registration in SAM (https://www.sam.gov). Any prospective awardee shall be registered and active in the SAM database prior to any award of a contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

Note 5: This acquisition will utilize Simplified Procedures pursuant to FAR 13.1.

Note 6: All quotes on unit prices will include shipping cost to FOB Destination (see delivery locations in the Statement of Work) and not added separately.

Note 7: Please note your quote submission must include a technical narrative to describe how the Offeror will comply with 52.219-14 in accordance with Section M, 52.212-2 of this solicitation.

RICHARD B. RUSSELL PROJECT PEST CONTROL SCOPE OF WORK

A. General Pest Control The contractor shall provide services for the control of rats, mice, spiders, scorpions, mites, roaches, termites, ticks, flea control and, other insect pests in the interior, and on the exterior of the buildings and in the vicinity of the buildings listed:

• Project Manager’s Office and Gazebo. #19059/ #19064

• Pole Barn # 18667

• Boat House #18618

• Mini Boat /Tool Shed # 16158

• Georgia Overlook Restrooms and Gazebo #20771

• Flammable Storage Building #2 #18664

• Warehouses, 3 ea. #17817/ #17818/ #17819

• Power plant #17789

• O2 Plant Building #17680

• Well houses, 3 ea. #17681/ #B /# 18685 The contractor shall provide all tools, equipment, personnel, safety equipment, pesticides, traps, and any other materials necessary for the completion of this contract. The contractor shall use a hypoallergenic pesticide. The contractor shall provide MSDS sheets for all material used on the project. The contractor shall complete and submit a post-application document form after each application. The form will be provided by the Government. If the contractor uses traps, they shall be located in areas not visible or accessible to the public or in areas readily visible within office areas.

Inspection for rats, mice, scorpions, mites, roaches, and other insect's pests shall be performed at least monthly and the contractor shall apply appropriate pesticide(s) and or traps as often as necessary to achieve control of pests. The contractor will schedule the inspection and treatment to occur during normal working hours, Monday through Friday 8am – 4pm. Pest control inspection and treatment will be coordinated with the Contracting Officers Representative (COR).

B. Termites and Other Wood Destroying Organisms Termite control will be provided for the Project Manager’s Office by a termite colony elimination system such as the Sentricon Colony Elimination System or equivalent. The system will be monitored and maintained at least quarterly. All other buildings listed in section A shall also be protected from termites and other wood destroying organisms as necessary. The contractor shall warranty that all areas listed for termite control shall be protected from termite damage during the contract period. The contractor will promptly repair or have repaired any damages by termites during the contract period to the satisfaction of the Richard B. Russell Project Manager. The contractor shall inspect all areas covered in this contract for damage from termites and other wood destroying organisms already existing at the beginning of the contract period and shall notify the COR to the existence of pre-existing damage. The contractor shall also inspect for the presence of other wood destroying organisms and conditions such as mold and high moisture levels in wood throughout the contract period and shall notify the COR immediately if such conditions are found.

C. FIRE ANT CONTROL

The contractor shall furnish all labor, equipment, materials, pesticides, and tools to provide services for the control of fire ants in the vicinity of the locations listed below.

• Project Office and Parking Area (see map)

• Compound (inside chain link fence)

• Warehouses, 3 each, (five feet around the outside of each building)

• O2 Plant (inside chain link fence)

• Switchyard (inside chain link fence)

• South Carolina Overlook (see map)

• Earthen embankment, Georgia and South Carolina (25 acres, see map).

• Georgia Overlook (see map)

• Boathouse (see map)

• Wellhouses 3 each (five feet around the outside of each building)

• Environmental Education Trail Area (see map)

• Power plant Public Parking Areas

• Fishing Jetty’s upper walkway

• Large planters around fishing pier and power plant

Treatment for fire ant control will be performed at least once every two months (bi- monthly) in the areas listed above with the exception of the Georgia and South Carolina earthen embankments and can be done by treating individual mound or broadcasting the fire ant bait over the areas at a rate sufficient to eliminate fire ants at the locations indicated above. If fire ant bait is used, the contractor shall insure that it is fresh and that it is applied at a time when fire ants are actively foraging. The treatment can be accomplished in conjunction with the pest control inside the buildings.

Treatment of the Georgia and South Carolina embankments shall be done once in the spring of the year by broadcasting the fire ant bait over the area at a rate sufficient to eliminate fire ants in the areas indicated on the attached maps. The contractor shall insure that the bait is fresh and that it is applied at time when fire ants are actively foraging. No other treatments shall be required for the GA and SC embankments. The Georgia and South Carolina embankments have a 1 foot vertical on 2.5 feet horizontal slope. If equipment is used to dispense the pesticide on the embankments the equipment will be of a type manufactured to operate on at least this slope.

There are two Power plant public parking areas. The areas to be treated are the traffic islands in both parking areas and ten feet around the outside of the upper parking area including the entrance road to the parking area.

The Fishing Jetty’s upper walkway is a graveled walkway, the walkway and five feet along the sides of the walkway is to be treated. All pesticide broadcast onto sidewalks, roadways and other pedestrian traffic areas will be removed with the exception of the Fishing Jetty’s upper walkway. The equipment used to broadcast the pesticide will be manufactured for this type work and be

W912HN20Q5025

calibrated to dispense the required amount. The pesticide used will be a product manufactured for this type pest control. Scheduling of the work will be coordinated with the Contracting Officer Representative (COR) to prevent potential conflict with Project work activities. The COR will need 24 hours’ notice of intended service to allow for scheduling of escorts.

D. Stinging/Biting Insects The contractor shall treat as necessary any yellow jacket, wasp, flea and other stinging insect nests as necessary in all areas accessible to the public and in any other areas listed in section A. The contractor shall consult with the COR prior to treating any honey bee nests to determine whether the bees are a true safety hazard.

E. Certifications and Safety Requirements The person applying pest control material shall be licensed and certified in the categories of the required pest control methods. Pest control shall be in accordance with industry standards and all appropriate Federal, State, and local laws and regulations and with the U.S. Army Corps of Engineers “Safety and Health Requirements Manuals”, EM 385-1-1, available online at http://140.194.76.129/publications/eng-manuals/em385-1-1/2008_English/toc.html.

Hard copies of EM 385-1-1 are available at the Project Manager’s Office.

F. Inspection All work may be inspected periodically by the COR or other Corps quality assurance inspectors, and the contractor will be advised as soon as possible of any deficiencies found. Upon being advised of a deficiency, the contractor shall take immediate action to correct the deficiency at no cost to the government and insure that the deficiency does not recur, however, the contractor is responsible for satisfactory performance of all work and the inspection thereof and neither the presence nor absence of a Government inspector will relieve the contractor of any requirements of the contract.

G. Compensation and Bidding The bid price shall be full compensation for performance of all work specified herein.

This bid should include the base year, and the bid prices for the possible four option years. Bids shall be placed on a per-month basis for full performance of the contract. No payment shall be made by the government until the contractor’s work has been inspected and approved by the COR or Corps quality assurance personnel. Any questions regarding requirements in the scope of work should be addressed prior to bidding. Questions regarding the scope of work should be directed to Glenn Kowalski at 706-213-3402 or to Jill Davis at 706-213-3406. Potential bidders are encouraged to visit the site prior to bidding and may do so by appointment.

H. Cleanup and Storage on Government Property The contractor shall clean up the job site and shall remove all trash and debris resulting from the work, from public property prior to acceptance of the job by the Government. No contractor equipment or materials shall be stored overnight on government property without prior consent from the COR. Any accidental spills of pesticides on government property shall be immediately reported to the COR.

I. Damages to Public or Private Property The Contractor will be responsible for all damages to public property or private property that is caused by the work described.

J. Restricted Areas The contractor shall not enter into the fenced area of the switchyard and O2 Plant without someone from the Power plant being with him/her to provide safety and security instructions. Any specific safety or security instructions shall be followed at all times that work is being performed. The contractor may also have to be escorted by Corps personnel in other areas at times due to current security or safety concerns.

K. COVID-19 Requirements Individuals shall be required to follow all guidelines set forth by the CDC, federal, local and state governments regarding COVID-19. During the COVID-19 National Emergency, as defined by the White House and as recommended by the Centers of Disease Control and Prevention at https://www.cdc.gov/coronavirus/2019-ncov/communication/guidance-list.html, all visitors on federal property shall wear cloth face coverings when they cannot maintain six feet of social distance. Face coverings fashioned from household items or common materials to cover the nose and mouth area are acceptable. All visitors shall refrain from touching common equipment with bare hands. If any visitors have a temperature over 100.4 degrees, are experiencing any COVID-19 symptoms, or feel sick, they shall refrain from entering the facilities.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-SEP-2020 TO

31-AUG-2021

N/A RICHARD B RUSSELL PROJECT OFF

GLENN KOWALSKI

US ARMY CORPS OF ENGINEER

OFFICE OF THE PROJECT MGR

4144 RUSSELL DAM DRIVE

ELBERTON GA 30635-9271

706-213-3402

W912HN

0002 POP 01-SEP-2021 TO

31-AUG-2022

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-SEP-2022 TO

31-AUG-2023

N/A (SAME AS PREVIOUS LOCATION)

0004 POP 01-SEP-2023 TO

31-AUG-2024

N/A (SAME AS PREVIOUS LOCATION)

0005 POP 01-AUG-2024 TO

31-AUG-2025

N/A (SAME AS PREVIOUS LOCATION)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-24 Representation Regarding Certain Telecommunications and

Video Surveillance Services or Equipment.

DEC 2019

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION

2020-O0008).

MAR 2020

52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information

Controls

OCT 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting

DEC 2019

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.223-7001 Hazard Warning Labels DEC 1991 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7048 Export-Controlled Items JUN 2013 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013

CLAUSES INCORPORATED BY FULL TEXT

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JUN 2020)

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

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

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

“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 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;

(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

(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 stock of which 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 its stock is owned by one or more women; or

(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 in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM 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(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to identify the applicable paragraphs at (c) through (v) 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.

(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small business concern.

(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.) The offeror represents 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) Certifications and 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 either to the Equal Opportunity clause of this solicitation, the and

(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that--

(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR Subparts 60-1 and 60-2), or

(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American 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

(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:

[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

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

(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). 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.

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). 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

(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, 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''.

(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.

(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. 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.

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

(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C.