B08 - Solicitation - W52P1J20Q3028.pdf

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SEE ADDENDUM

(No Collect Calls)

W52P1J20Q3028 13-Apr-2020

b. TELEPHONE NUMBER

309-782-3586

8. OFFER DUE DATE/LOCAL TIME

10:00 AM 01 May 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W52P1J9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

RILEY J. DEBROCK

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

ARE NOT ATTACHED

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND - ROCK ISLAND

3055 RODMAN AVENUE

ROCK ISLAND IL 61299-8000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE 16. ADMINISTERED BY

SEE SCHEDULE

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

321113

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF41

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W52P1J20Q3028

Section SF 1449 - CONTINUATION SHEET

EXECUTIVE SUMMARY

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL

1. Army Contracting Command - Rock Island (ACC-RI) hereby issues Solicitation W52P1J-20-Q-3028 for Multiple Blanket Purchase Agreements (BPAs) for Pine Bluff Arsenal (PBA) to supply lumber to PBA. This solicitation is issued pursuant to Federal Acquisition Regulations (FAR) Part 13.303 for Multiple BPAs using firm fixed price orders, as deemed necessary for the particular requirement solicited. ACC-RI is seeking businesses willing to enter into a BPA, as defined by FAR 13.303 for a period of five (5) years from the date of award. All orders under a BPA shall be continued until the performance is complete and the order is paid, even after the BPA expiration date.

2. All BPAs awarded will be for five (5) years. Actual dates will be specified in the basic agreements.

3. The Government reserves the right to make multiple awards.

4. Offerors that provide sufficient documentation as to their capabilities to supply lumber in accordance with Attachment 0001 – Purchase Description and the instructions to offerors and evaluation criteria listed in paragraphs 17 and 18 will be considered in establishing the BPA. Listed in the Purchase Description (Attachment 0001) are the general lumber cuts that may be ordered against BPAs but are not limited to the list provided.

5. Period of Performance:

Award Date +1,829 Days after Award (DAA)

6. Individual call orders executed under this agreement shall not exceed $650,000.00 from ACC-RI, or $10,000.00 from PBA designated Ordering Officers. Orders are to be placed from the Ordering Officers assigned to Agreements or ACC-RI (CCRI-AE). Contractor shall provide an invoice for each call order to the Ordering Officer for Credit Car Payment or submit via WAWF if the call order is placed by ACC-RI.

7. Upon each Call order, Contractor will be required to provide price for delivery of requested lumber.

8. A BPA Master does not obligate any funds. The Government is obligated only to the extent of call orders issued under the BPA.

9. There is no minimum purchase under this agreement.

10. The BPA holder shall agree that the clauses and provisions included in the resulting BPA master agreements are incorporated and made a part of each Government call order under the BPA. If any clauses are revised during the life of this BPA, the most recently dated version of the clause shall apply.

11. RESPONSES ARE DUE NO LATER THAN: 1 May 2020, 10:00 AM (CST)

12. The Point of Contact for this action is Mr. Riley J. DeBrock, at riley.j.debrock.civ@mail.mil.

13. INITIAL AND FOLLOW ON COMPETITION AND EVALUATION:

a. Offerors that have a proven record of providing the types of lumber for some or all of the types to include, but not limited to those indicated in the purchase description (Attachment 0001) will be considered in establishing a BPA, along with the information submitted in accordance with. All Offerors determined to be responsible pursuant to FAR 9.104-1 and technically acceptable within the criteria within Attachment 0001 - Purchase Description, are eligible for award of a BPA.

b. Each BPA holder will be provided a fair opportunity to be considered for each requirement. Award of individual BPA call orders will be generally based on lowest price and delivery. The supplies to be furnished under these BPAs are considered commercial supplies and adequate competition is anticipated, therefore certified cost and pricing data will not be required. However, the Government reserves the right to request other than certified cost or pricing data to assist with the determination of fair and reasonable pricing of each individual order. The Contracting Officer may also consider the following:

c. Each Offeror’s record of past performance of earlier orders under the BPAs, including quality and the ability to meet performance schedules set forth in the applicable BPA order. The Government will continue to monitor all Offerors’ performance after establishment of these BPAs. Offerors will have the ability to comment on any adverse past performance to which the Offeror has not yet had the opportunity to respond.

d. Each Offerors’ current and outstanding individual BPA order capacity.

e. Any other factors to be indicated in the specific Request for Quote (RFQ) for a BPA order.

f. In Accordance with 13.303-5(d)(1), if it is determined that there is an insufficient number of BPAs available to ensure maximum competition practicable, the Contracting Officer shall be allowed to solicit quotations from other sources, and make the purchase as appropriate.

14. GENERAL INFORMATION

a. The Government anticipates administration of the basic BPA by ACC-RI and individual BPA call orders by the authorized Ordering Officers or ACC-RI. No individual order executed under this agreement shall exceed $650,000 from ACC-RI, or exceed $10,000 when executed via PBA Ordering Officers. This limitation is in accordance with the procedures and thresholds under FAR 13.303-5(b)(2).

b. Contractor shall provide invoices for each call order to the Ordering Officer that placed the order.

c. Contractor must accept Government Credit Card payment. All call orders placed by Ordering Officers will be paid via Government Credit Card.

d. When BPA call orders are placed by ACC-RI, the requirement under FAR 13.303-3(a)(5) for delivery tickets will be accomplished by the use of the Wide Area Workflow (WAWF) for shipping /invoicing, and as set forth at DFARS clause 252.232-7006. The Offeror shall ensure that copies of all WAWF notifications are sent to the contract specialist listed on the BPA call order.

e. A request for call order quote will be issued by e-mail for each call order, to allow all awardees a fair opportunity to quote each call order.

f. BPA holders will be notified via RFQ email. For call orders, BPA holders will be allowed one (1) business days to respond to a request for a call order quote. An expedited response to an RFQ may be requested and shall be communicated at issuance of the RFQ email. The Government intends to issue call orders without discussions. However, the Government reserves the right to conduct discussions if the Contracting Officer determines them to be necessary. If no, BPA holders reply to the request for call order quote by the deadline within the quote, the Government may acquire the supply from another source.

g. The contractor shall have lumber ready for delivery within two (2) business days after award of regular call orders. Expedited delivery requests shall be communicated in the RFQ if delivery is required before two (2) business days.

h. The Government intends to competitively issue each call order to the BPA holder whose quote represents the lowest price which meets the Government's need including delivery. If additional factors will be considered they will be identified in the RFQ. The Government reserves the right to make single or multiple call order awards based on the schedule and quantities required. The Government will identify in each call order RFQ if it will be a multiple or single award. The criteria for future placement of call orders are as follows:

1. Written call order quotes will be requested prior to the execution of any subsequent call order.

Subsequent call orders will be placed with the successful offeror(s). The Government may consider the following for each call order:

i. Proposed total prices.

ii. Past performance on previous contracts under against this contract.

iii. The ability to meet the call requirements.

iv. The quality of the material provided on previous call orders against this agreement.

v. As stated above, the Government intends to award competitive call orders unless any of the exceptions to the fair opportunity process as stated in FAR 16.505(b)(2) apply.

i. Each call order RFQ shall contain the required delivery date to FOB Destination. On time delivery is very critical; therefore, the Offeror must adhere to the delivery requirements indicated in each call order. Failure to comply with the contractual delivery schedule after award may result in termination of the order or require consideration if the Government elects to extend the delivery. The Government is not required to extend a delivery schedule if Offeror encounter delays. The non-availability of raw materials, subOfferor issues, scheduling conflicts, etc. are not acceptable excuses for failing to meet the delivery schedules. Early delivery may be authorized, but must be approved and coordinated in advance of due date with the Contract Specialist and/or Contracting Officer designated in the call order. If there is going to be a delay in delivery, the BPA Holder is required to notify the Contract Specialist and Contracting Officer designated in the call order within 24 hours of knowledge of that delay.

j. Pine Bluff Arsenal Installation Access: REAL ID goes into effect 01 Oct 2020 and will impact not only boarding commercial flights but also accessing federal facilities to include Pine Bluff Arsenal & other installations. Contractors shall be required to have a REAL ID in order to gain access.

15. SPECIAL INSTRUCTIONS FOR OFFERORS:

a. The closing date of this solicitation will be for responses to establish the initial pool of BPA holders.

b. In accordance with FAR13.303-6, the Contracting Officer will conduct further market research on an annual basis to update any current BPAs at that time, if necessary, and to maintain an awareness of possible market conditions that could allow new arrangements with additional Offerors at that point.

c. The Government also reserves the right to establish additional BPAs other than annually, to facilitate purchases, if deemed necessary, and if the sources have provided the information stated in paragraph 1, Initial and Follow on Competition and Evaluation Section.

d. Offerors must submit their documentation in a single submission prior to the closing date and time listing on page one of this solicitation.

e. Offerors must complete the questionnaire below:

OFFEROR QUESTIONNAIRE

Company name: _________________________________ CAGE code: _____________________________________ Primary Point of Contact Name: __________________ Phone________________________ Alternate point of Contact Name: __________________ Phone_________________________ Will you accept credit card payment? ______________

16. INSTRUCTIONS TO OFFERORS

a. GENERAL INSTRUCTIONS: These instructions are a guide for preparing your submission. These instructions generally describe the type and extent of information Offerors should provide and emphasize the specific areas you must address in your submittal. You are expected to review the solicitation and its attachments, which will serve as the guideline and item list for any future requirement. You should include in your submission, sufficient information to enable the Government to determine your potential eligibility to be awarded a Blanket Purchase Agreement (BPA) for all future requirements. It is the Government's intent to award multiple BPAs as a result of this solicitation. Pages must be 8.5” x 11”, and 12 point font or greater, Arial font, single-spaced, typed in black on white background (black on white requirement does not apply to graphics, photos, etc., company stationary and logos are acceptable). Font requirements apply to bullets and other special text formatting, including tables and graphic displays.

b. It is the Government's intent to award multiple BPAs under this solicitation to responsible Offerors determined to be technically acceptable in accordance with the criteria within the solicitation instructions and evaluation criteria. Offerors submissions shall address the following aspects to determine technical acceptability:

i. Technical Capabilities The Offeror shall provide evidence that their firm has the ability to supply some or all of the lumber specified in Attachment 0001 – Purchase Description. The following shall be provided as evidence:

- Published Data: Each Offeror shall provide a brochure, catalog, or other published data describing the types of lumber the firm supplies.

Technical Capabilities portion of this solicitation shall not exceed 10 pages in length.

ii. Experience:

The bidder shall provide no less than two (2) contract references for recent and relevant work it has performed either as a Prime Contractor or a Subcontractor.

- “Recent” is defined as a measure of time that has elapsed since the contract reference occurred and is generally expressed as a time period during which contract reference is considered relevant; for the purpose of this solicitation, “recent” is any contract under which any relevant performance, delivery, or corrective action has occurred within the three (3) years preceding this solicitation closing date, regardless of the original award date.

- “Relevant” is defined as a contract that supplied some or all of the lumber specified in Attachment 0001 – Purchase Description. Relevant contracts can include work done for the Government (Federal, State, or Local) or the Commercial Industry.

- For each reference, the contractor shall identify the contract number, customer/company name, the reference POC’s name, phone number, email address, and description of the materials supplied.

c. Offerors shall submit submissions electronically to Contract Specialist, Riley J. DeBrock at riley.j.debrock.civ@mail.mil and shall be received by closing listed on solicitation in order to be considered as a potential BPA holder in the initial pool, and eligible to participate in immediate requirements under the

BPA.

17. EVALUATION FACTORS

a. Each Offeror’s submission shall include all information requested by the Government at the time the submission is due. The Government is not obligated to request further information from any Offerors to determine technical acceptability or responsibility, but does reserve the right to obtain additional information if determined necessary by the Contracting Officer.

b. All submittals will be subject to evaluation by Government personnel, with strict adherence to the evaluation criteria.

c. The Government will determine responsibility by analyzing if the potential BPA holder complies with the requirements at FAR Part 9.1.

d. The following factors shall determine Offeror submission technical acceptability:

i. Technical Capabilities

ii. Experience

These factors are outlined below with the Government's criteria to determine Offerors technically acceptable. Offerors must be found acceptable under both factors (Technical Capabilities and Experience) to be determined technically acceptable.

e. Technical Capabilities:

i. The Offeror’s submission will be evaluated to determine if the Offeror has clearly indicated the following:

The Offeror’s published data (brochure, catalog, or other published data) demonstrates the Offeror’s ability to supply some or all of the lumber specified in Attachment 0001 – Purchase Description.

ACCEPTABLE: The Offeror demonstrates the ability to supply some or all of the lumber specified in Attachment 0001 – Purchase Description.

UNACCEPTABLE: The Offeror does not demonstrate the ability to supply some or all of the lumber specified in Attachment 0001 – Purchase Description.

f. Experience:

i. The Government will evaluate the Offeror’s recent and relevant references to determine if the Offeror has the experience necessary to execute the requirements.

ACCEPTABLE: A proposal that includes the following:

A minimum of two (2) contracts determined to be both recent and relevant. In order to be acceptable, the proposal must include all of the information required by the Instruction to Offerors section for Experience.

UNACCEPTABLE: A proposal that does not include the following:

A minimum of two (2) contracts determined to be both recent and relevant are not provided.

The proposal does not include all of the information required by the Instruction to Offerors section for Experience.

g. ADDITIONAL EVALUATION INFORMATION:

i. The above evaluation criteria will determine the initial pool of BPA holders only.

ii. Specific evaluation criteria for specific requirements shall be communicated within each

BPA call order RFQ.

END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL

CLAUSES INCORPORATED BY REFERENCE

52.212-1 Instructions to Offerors--Commercial Items MAR 2020

CLAUSE(S) 52.212-1 - ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

PROVISIONS INCORPORATED BY REFERENCE

52.203-11 Certification and Disclosure Regarding Payments to Influence SEP 2007 Certain Federal Transactions 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal JAN 2017 Confidentiality Agreements or Statements--Representation 52.204-7 System for Award Management OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-17 Ownership or Control of Offeror JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.215-20 Requirements for Certified Cost or Pricing Data and Data other than OCT 2015 Certified Cost or Pricing Data 52.225-25 Prohibition on Contracting with Entities Engaging in Certain AUG 2018 Activities or Transactions Relating to Iran-Representation and Certification

CLAUSES INCORPORATED BY FULL TEXT

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).

(End of provision) 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 property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(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.

(End of Provision)

52.209-7 Information Regarding Responsibility Matters JULY 2013

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

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinitequantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal 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 businesssegment; and similar positions).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management database via https://www.acquisition.gov (see 52.204-7).

52.211-14 Notice of Priority Rating for National Defense, Emergency APR 2008 Preparedness, and Energy Program Use

Any contract awarded as a result of this solicitation will be DX rated order; X DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction DEC 2016 Goals – Representation

(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.

(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]

(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.

(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.

(c) If the Offeror checked "does" in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:

52.233-2 Service of Protest SEP 2006

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Jill Veloz, jill.c.veloz.civ@mail.mil.

(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.

52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: www.acquisition.gov

52.252-5 Authorized Deviations in Provisions APR 1984

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

(b) The use in this solicitation of any Defense Federal Acquisition Regulations Supplement, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

END OF ADDENDUM TO 52.212-1- INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 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…

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