Grounds Maint 12-RQ-0003.doc

SCHEDULE Continued

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

Offeror to Complete Blocks 12, 17, 23, 24, & 30

NWWN9301-12-04197

7.

For Solicitation Information Call:

Delivery for FOB Destination Unless Block is Marked.

12. Discount Terms

NOAA/EASTERN REGION ACQUISITION

200 GRANBY STREET

SUITE 815

NORFOLK, VA 23510

WILMINGTON WFO NORTH CAROLINA /

2015 GARDNER DRIVE

WILMINGTON, NC 28405-8653

17a.

Contractor/Offeror

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Duns # ____________________

*** All quotes shall be submitted electronically via email to: robin.resweber@noaa.gov or via fax to 757-664-3642.

The mandatory site visit is scheduled for Tuesday, August 29, 2011 at 10:00 EDT. Contact Mike Caropolo at (910) 762-0524 x 222 or email michael.caropolo@noaa.gov to advise you will be attending the site visit.

Base

Period of Performance: October 1, 2011 through September 30, 2012

"Subject to the Availability of Funds"

Option Period I

Period of Performance: October 1, 2012 through September 30, 2013

"Subject to the Availability of Funds"

Option Period II

Period of Performance: October 1, 2013 through September 30, 2014

"Subject to the Availability of Funds"

Option Period III

Period of Performance: October 1, 2014 through September 30, 2015

"Subject to the Availability of Funds"

Option Period IV

Period of Performance: October 1, 2016 through September 30, 2015

"Subject to the Availability of Funds"

PERFORMANCE BASED SERVICE CONTRACT-GROUNDS MAINTENANCE

This solicitation contains a work statement for a performance-based service. This means that the Government has described WHAT is to be accomplished, not HOW to accomplish it, and states a basis for determining whether finished work meets the Government quality requirements. It does not state detailed procedures for accomplishing the requirement unless there are safety, security or communication requirements.

It is the responsibility of the Contractor to ensure that they build into their bid/proposal price the necessary hours that it will take to meet the performance standards specified.

The Contractor will be required to maintain a quality control program to ensure that the requirements of this contract are met. This program shall be created for identifying and correcting deficiencies in the quality of services before performance becomes unacceptable.

STATEMENT OF WORK

C.1. SCOPE OF WORK

A.

Place of performance will be as follows: National Weather Service, 2015 Gardner Drive, Wilmington, NC 28405.

B.

All work performed under this contract is required to meet the quality and performance standards as identified. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to perform Grounds Maintenance. Work shall be in a manner that will maintain healthy grass, shrubs, and plants and present a neat and professional appearance. Grounds are approximately 50,000 square feet.

C.

If services cannot be performed due to rain or thunderstorms, the Contractor shall perform any and all scheduled services the next duty day with no degradation to existing scheduled services.

C.2. SUPPLIES, MATERIALS, EQUIPMENT AND UTILITIES

A. Government Furnished:

Electrical power will be provided at existing outlets for the Contractor to operate such equipment, as necessary, in the performance of this contract.

B. Contractor Furnished:

(1) The Contractor shall furnish all supplies, materials, and employee training necessary to achieve the quality performance standards of the work in this contract, unless otherwise specified herein. This shall include all pine straw, and annual bedding plants refreshed twice annually.

(a) Training shall include all applicable OSHA and other related standards. The Contractor shall submit all Material Safety Data Sheets (MSDS) for any materials used under this contract containing "dangerous" or "warning" labels to the COTR within 10 days after contract award date.

(2) The Contractor shall furnish all equipment necessary to accomplish the work under this contract. All equipment must meet all applicable OSHA standards. Contractor shall not use any unsafe equipment or any equipment in need of repair.

C.3. CONTRACTOR PERSONNEL

A. Within five days of the contract start date, the Contractor shall submit, in writing, the name of the Site Manager and an alternate to the CO. The Contractor shall supply telephone, cell phone, and/or pager numbers to the COTR for use in contacting the Site Manager. The Site Manager shall conduct overall management coordination and shall be the central point of contact with the Government for performance of all work under this contract. The Site Manager shall be authorized to receive any notices of deficiency in contract performance. The notices may include, but not be limited to, the following: non-performance of work, deficiencies in work performed and notices of proposed payment deductions due to the above. The Site Manager shall be available weekdays, between the hours of 8:00 a.m. and 3:00 p.m., within 30 minutes to meet at the facility to discuss problem areas.

B.

All personnel employed by the Contractor shall be experienced in the type of work involved and familiar with the specifications of this contract.

C.

The Contractor is required to provide necessary and on-going tenant relations or customer service training for their employees.

D.

Contractor personnel shall conduct all operations in such a manner as to minimize any inconvenience in the use of the facilities to the occupants.

C.4. SCHEDULING WORK AND REPORTING REQUIREMENTS

Within five work days of the contract starting date, and annually thereafter for renewal periods, the Contractor shall submit to the COTR schedules and plans to accomplish required services throughout the year. If changes need to be made to reduce conflicts with Government operations, special events, or other occurrences, the Contractor shall meet with the COTR and revise the schedule as necessary. The COTR can request changes to the monthly work schedule so spacing of services is distributed to meet the needs of the Government. The Contractor shall not deviate from this schedule without prior approval from the Contracting Officer's Technical Representative.

C.5. QUALITY CONTROL PROGRAM

A.

The Contractor shall establish a complete, written, Quality Control Program (QCP) to ensure that the requirements of the contract are provided as specified. The written QCP shall be submitted to the COTR within 5 days of the start date of work.

B.

The QCP's purpose is to provide a plan for meeting all requirements of this contract. The QCP should include, but not be limited to, the following:

1.

An inspection of the grounds which covers all services stated in "Performance Standards and Guideline Requirements" of this contract.

2.

A system to ensure that the Contractor's employees, or subcontractor's employees, are notified of all deficiencies in their area of responsibility. A system and plan to retrain employees to ensure that deficiencies do not reoccur.

3.

A plan for monitoring and correcting customer complaints. A record of customer complaints and the corrective action taken must be kept on file at this site and available for review by the Contracting Officer or his/her representative, at any time.

4.

A plan for the immediate forwarding of customer complaints that are not the responsibility of the Contractor, to the COTR or their designated representative.

C.

The QCP must be kept current, reflecting the pertinent contract modifications and requisite changes or conditions. The Contractor shall review the plan with his onsite personnel to ensure complete understanding. A copy of the most current QCP must be kept on file at the worksite where the tasks are being accomplished.

D.

If the Contractor is not meeting performance or quality measures, the Government retains the right to review the QCP and related documents. Upon review of the plan and related documents, the Government will take appropriate action to ensure that all quality and performance measures are met as specified in this contract.

PERFORMANCE STANDARDS AND GUIDELINE REQUIREMENTS

NOTE: All services provided under this contract are required to meet the quality and performance standards described herein.

A.

The Contractor shall provide all labor, equipment, materials, supplies, and supervision to perform grounds maintenance and landscape services as identified in the Statement of Work.

1.

The following guidelines describe what is considered to be the normal industry quality and performance standards for intended services under this type of contract.

2.

The Contractor, through innovation, technology or other means, shall perform the required services in order to meet the quality and performance standards.

B.

The following guidelines are for reference only and final results will be the determining factor for the success or failure of this contract. Performance will be based on the Contractor's effort in the meeting the performance and quality standards, not the frequency or method of performance.

1.

Mowing and Trimming Operations: The Contractor shall be responsible for monitoring the growth of the grass and scheduling cutting/mowing operations as required. The Contractor shall prevent scalping, uneven mowing, rutting by equipment, damage to trees and shrubs during contractor operations. The Contractor shall replace shrubs and trees damaged during mowing operations. Precautions shall include removal or repair of equipment causing unnecessary damage or procedures causing unsatisfactory mowing. The Government is not responsible for damage to contractors equipment due to trash, debris, or uneven terrain. Contractor shall maintain all open drainage systems; open culverts under driveways and roads free of debris, trash, limbs, leaves and grass clippings. Grass shall be cut from March through November and maintained between 1" and1 1/2" in height. The frequency of mowing may vary depending on weather conditions. Grass and weeds shall be trimmed around trees, shrubs, flowerbeds, buildings, fences, poles, posts, fire hydrants, parking lot bumper blocks and other fixed obstacles. Trimming height shall match surrounding area grass height. Grass clippings shall be removed or mulched to provide a uniform appearance after mowing. All improved grounds shall look well manicured at all times. All areas shall be trimmed concurrent with mowing. Damage to trees and shrubs from trimming, caused by contractor shall be repaired by the Contractor at no additional cost to the Government. If a plant should die or become unhealthy due to damage caused by the Contractor, the Contractor will be responsible for replacing the damaged plant or tree with a plant or tree of the same species, and size. Plant or tree replacement or repair shall occur within 15 days of noticed damage. It is the Contractor's responsibility to ensure their trimming or mowing services does not damage trees. Sod shall be completely removed from around base of all trees in lawn area and 24 inches away from edge of trunk, to form an even circle around the tree. If grass seeding is needed to repair damaged areas, use a compatible grass seed mixture.

2.

Fertilize Grounds. The Contractor shall furnish and apply a slow release fertilizer as needed.

3.

Edging. Grass shall be cut back from all edges 0.5” to 1.5" and not cut deeper than 1.5” to 2". Edging shall include removal of vegetation from cracks, and expansion joints in sidewalks, driveways, and curbs. Grass shall not extend over the edge of parking lots, concrete streets, pads, sidewalks, driveways, flowerbeds, paved areas or curbs in all areas.

4.

Weed Control. Lawns shall be maintained to show continual progress in removal of annual and perennial weeds, including all clover and coarse grass species. Parking lots, walkways, and patio area shall be kept free of weeds, grasses, leaves and debris.

5.

Trees/Shrubs. Pruning shall be done annually to Pampas Grass, Oleanders, Crepe Myrtles, and shrubs surrounding building and property. Visibility should not be obstructed in parking and drive or sidewalk entrances/exits.

6.

Pine Straw. The Contractor shall furnish pine straw and apply a topcoat of pine straw twice yearly around shrubs, trees, and existing flowerbeds to cover all areas that are presently covered with pine straw. Some areas may require more than the topcoat to retain an appearance of uniformity. Pine straw shall be free of weeds and debris. Pine Straw should be approximately 4" deep.

7.

Cleanup. All grass clippings, weeds, and pruning shall be removed from the project premises as necessary. Walks and driveways shall be kept free of equipment and debris. Exterior walls of building shall be kept free of soil. When on the job site police entire grounds to remove all trash, debris, and leaves. This shall include the vehicle parking lots, walkways and lawn areas.

8.

Annuals. The Contractor shall furnish annual bedding plants. All annual bedding plants will be replaced twice annually with site appropriate plants. Dead-heading and fertilizing will be performed on an “as needed” basis, determined by the annual planted in each location. The amount of annuals planted may vary, depending on the type, but enough to always maintain a uniform and lush appearance throughout the bed. It is the Contractor responsibility to make an appropriate choice for each bed and replace plants as necessary.

ITEMIZED SERVICES REQUIREMENT SHEET

(Attachment 0001)

I.

The following are services INCLUDED under this performance-based solicitation. The following are major service items and therefore, some minor or sub item services may not be listed.

A.

Edging

B.

Fertilizing

C.

Grass Mowing

D.

Mulching

E.

Pruning

F.

Trimming

G.

Weeding H.

Annuals

Performance Objectives and Thresholds

(Attachment 0002)

General The contractor service requirements are summarized into performance objectives that relate directly to essential services. The stated performance thresholds are the minimum acceptable levels of service for each stated requirement. All aspects of the contractor performance are subject to Government surveillance, and absence of any contract requirement form the Performance objectives identified below shall not detract from its enforceability nor limit the rights or remedies of the Government under contract clauses.

Performance Objective Performance Threshold Perform all services required in accordance with the SOW Not to exceed 1 valid complaint

On a daily or weekly basis of unsatisfactory service per week Perform all periodic services as required Not to exceed 1 valid complaint of

Unsatisfactory service per interval The preferred method of resolving deficiencies is to allow re-performance to correct the deficiencies. The

Contractor shall be provided with the opportunity to correct substandard performance within one business day.

When substandard performance is not corrected within the specified timeframe or the Contractor refuses to reperform the service, the unsatisfactory service is then logged as a deficiency. Deductions for deficiencies shall be calculated as 1/30th of unit price for each day that the Contractor fails to correct.

1. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

2. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

3. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

4. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

5. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)

6. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

7. 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (DEC 2007)

8. 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

9. 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

10. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

11. 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

12. 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

13. 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010)

14. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

15. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

16. 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2011)

17. 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

18. 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

19. 1352.233-70 AGENCY PROTESTS (APR 2010)

20. 1352.270-70 PERIOD OF PERFORMANCE (APR 2010)

21. CONTRACT DELIVERABLES

22. ATTACHMENT

TC "1. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)" \f C \l "2"

1. 1352.201-70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

(Reference 1301.602-170)

TC "2. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)" \f C \l "2"

2. 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

(Reference 1309.507-2)

TC "3. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)" \f C \l "2"

3. 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

(Reference 1309.507-2)

TC "4. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)" \f C \l "2"

4. 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

(Reference 12.301)

TC "5. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)" \f C \l "2"

5. 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JUN 2010)

(Reference 12.301)

TC "6. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)" \f C \l "2"

6. 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

(Reference 17.208)

TC "7. 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (DEC 2007)" \f C \l "2"

7. 52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND CONSTRUCTION CONTRACTS (DEC 2007)

(Reference 23.406)

TC "8. 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)" \f C \l "2"

8. 52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)

(Reference 23.705)

TC "9. 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)" \f C \l "2"

9. 52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)

(Reference 23.406)

TC "10. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)" \f C \l "2"

10. 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

(Reference 32.705-1)

TC "11. 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)" \f C \l "2"

11. 1352.237-71 SECURITY PROCESSING REQUIREMENTS - LOW RISK CONTRACTS (APR 2010)

(Reference 1337.110-70)

TC "12. 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)" \f C \l "2"

12. 1352.270-71 PRE-BID / PRE-PROPOSAL CONFERENCE AND SITE VISIT (APR 2010)

(a) The Government is planning a mandatory pre-proposal conference, during which potential contractors may obtain a better understanding of the work required. The mandatory site visit is scheduled for Tuesday, August 29, 2011 at 10:00 EDT.

(b) Contact Mike Caropolo at (910) 762-0524 x 222 or email michael.caropolo@noaa.gov to advise you will be attending the site visit.

(End of clause)

TC "13. 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010)" \f C \l "2"

13. 1352.201-72 CONTRACTING OFFICER'S REPRESENTATIVE (C0R) (APR 2010)

(a) To be determined at time of award is hereby designated as the Contracting Officer's Representative (COR). The COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

Phone Number: __________

Email: __________

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

(End of clause)

TC "14. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)" \f C \l "2"

14. 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

Past Performance is more important than price

(b) "Options." The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

TC "15. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)" \f C \l "2"

15. 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAY 2011)

An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically at http://orca.bpn.gov . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.

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

“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Forced or indentured child labor” means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Coe at 26 U.S.C. 7874.

“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—

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

(2) Federal Supply Group (FSG) 87, Agricultural Supplies;

(3) FSG 88, Live Animals;

(4) FSG 89, Food and Related Consumables;

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

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

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

(8) FSC 9610, Ores;

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

(10) FSC 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.

“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.

“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.

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

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

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

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

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

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern --

(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)

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

(2) The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov .After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) 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 on ORCA.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.

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

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

(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, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

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

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

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents 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 in reference to the WOSB concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern or concerns that are participating in the joint venture: _________.] Each WOSB concern 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 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)(7)(i) of this provision is accurate in reference to the EDWOSB concern or concerns that are participating in the joint venture. The offeror shall enter the name or names of the EDWOSB concern or concerns that are participating in the joint venture: _____________. Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

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

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:

(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]

(i) General. The offeror represents that either—

(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or

(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.

(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]

(11) 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)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order 11246 --

(1) Previous contracts and compliance. The offeror represents that --

(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

(ii) It [_] has, [_] has not, filed all required compliance reports.

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

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

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

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

(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – 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 Act—Supplies.”

(2) Foreign End Products:

[List as necessary]

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

(g)

(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- 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, 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 Act--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, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian or Moroccan End Products) or Israeli End Products:

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

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

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:

Canadian End Products:

Line Item No.:

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

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':

Canadian or Israeli End Products:

(4) 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)(4)(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 Act. 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 $3,000 for which the liability remains unsatisfied.

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

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

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

(ii) Examples.

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